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(영문) 창원지방법원 거창지원 2014.01.08 2013고단298

사기

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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 201, the Defendant made a false statement to the victim B that “I would be able to withdraw a mutual prize even around October 2012, if I participate in the organization and management of a high successful bid system. I would be able to withdraw a mutual prize even around October 201.”

However, from June 201 to June 201, the Defendant aggravated its property status by using credit card services of KRW 400-6 million per month as cash, while lending (70 million) the fraternity paid from the fraternity members to C and D without any collateral, and from April 2012, the Defendant had no ability to pay the fraternity to the victim even if he/she received the fraternity from the victim.

As above, the Defendant, by deceiving the victim as above, received a total of 7,33,00 won from October 22, 201 to November 21, 201, in total, 14 times from the victim, as a deposit money.

Accordingly, the defendant acquired the victim's property by fraud.

2. Around December 3, 2011, the Defendant made a false statement to the victim E, stating, “The Defendant would have a successful bidder organized and managed, but would be able to escape from the fraternity if he participated.”

However, the defendant did not have the intent or ability to pay the fraternity to the victim E even if he received the fraternity payment from the victim E for the same reason as the statement in paragraph (1).

The Defendant, as seen above, by deceiving the victim E, received a total of KRW 6,388,00 from the victim E to December 5, 2012 as a deposit amount of KRW 13 times from December 3, 2011 to December 5, 2012.

Accordingly, the defendant acquired the victim E's property by fraud.

Summary of Evidence

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