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(영문) 서울동부지방법원 2013.04.08 2012고단340

사기

Text

A person shall be punished by imprisonment with prison labor for ten months with prison labor for a crime of No. 2 in the judgment of the defendant.

(b).

Reasons

Punishment of the crime

[Criminal Power] On December 20, 2010, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Eastern District Court and two years of suspended execution, and the above judgment became final and conclusive on December 28, 2010.

【Criminal Facts】

The Defendant, from around 208 to around 2008 due to the enemy operating the system, was making one-time return of bank and private financial rights loans, card payments, time deposits, etc. from around 2008, and received the guidance money from the previous victim C, who was a member of the Defendant’s fraternity, to be admitted to a new guidance, and paid the guidance money to the victim D with the said money, and used the time money to prevent the return of the time money from being paid to other victims C by the sequence from the victim D.

1. Fraud against the victim C;

A. On April 22, 2009, the Defendant made a false statement to the victim that “If the victim joined the 26-gu number system (22-day system) and paid KRW 2,00,000 per month monthly fraternity, the Defendant would provide the victim with an extended amount of KRW 62,00,000,000 at the last time.”

However, in fact, the Defendant did not operate the 26-long number system (22-day system). After receiving the extension money from the victim, the Defendant was willing to use the extension money for another personal purpose after being admitted to another system in the name of the Defendant, so there was no intention or ability to pay the extension money to the victim.

The Defendant, by deceiving the victim as such, received a total of KRW 50 million from April 22, 201 to 20 times by deceiving the victim and receiving KRW 2 million in cash on the same day from the victim, etc.

B. On October 17, 2009, the Defendant made a false statement to the victim that “If the victim joined the 26-gu unit number system (17-day unit system) and paid KRW 2,00,000 per month, the Defendant would give the victim an extended amount of KRW 62,00,000 at the last time.”

However, in fact, the defendant did not operate the 26-day unit number system (17-day unit number system) and he thought that the time limit is used individually after receiving the credit from the victim and being admitted to another system, so the victim is paid the time limit money.