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(영문) 서울중앙지방법원 2015.02.27 2014고단7408

사기

Text

A defendant shall be punished by imprisonment for five years.

The defendant is an applicant for compensation of KRW 33,00,000, and the defendant is an application for compensation to D who is an applicant for compensation.

Reasons

Punishment of the crime

"2014 Highest 7408"

1. The Defendant is a person who operates several numbers.

Since from 2010 to 2010, the Defendant had no intention or ability to pay a fraternity or to repay a borrowed money, because the Defendant’s operation of the fraternity prevents the Plaintiff from returning the fraternity money to other fraternitys.

Around September 26, 2010, the Defendant made a false statement that the Defendant would pay an amount of money by paying it to the victim H according to the order of priority if he/she subscribed to the number fraternity operated by the Defendant (period: from September 26, 2010 to May 26, 2012), which was operated by the Defendant (period: KRW 4,00,000,000) at the Seoul Buddhist District.

However, the Defendant did not have any ability or intent to pay the fraternity even if he received the fraternity from the victim because it is difficult to operate the fraternity as above and the obligation has increased and prevented the repayment of the fraternity.

From September 26, 2010 to May 26, 2012, the Defendant received KRW 248,000,000 in total from the victim as shown in the list of crimes in attached Form 25 times, such as transfer of KRW 4,00,000,000 in total, from the Seoul Fransh District to the victim as a deposit, and received KRW 248,000 in total as shown in the list of crimes in attached Table 25 times.

Accordingly, the defendant was given property from the victim by deceiving the victim.

B. Around December 30, 2011, the defrauded: (a) on December 30, 201, the Defendant joined a fraternity operated by I on behalf of the Defendant on behalf of the said victim (period: from December 30, 2011 to December 30, 201) in Seoul Franchis, around December 30, 201; and (b) on behalf of the Defendant, the Defendant made a false statement that the Defendant would pay the amount to be paid by the victim to the Defendant if the victim received the fraternity from I and delivered it to the Defendant.

However, the defendant was unable to operate the fraternity as above, and the defendant was unable to refund the fraternity due to the increase of the debts, so the amount of the fraternity from the victim.