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(영문) 수원지방법원 안산지원 2018.03.13 2017고단2575

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 17, 2015, the Defendant would pay KRW 30 million to the victim F in the Seoul Jung-gu E commercial building by adding 20% to the monthly payment amount of KRW 1.5 million to KRW 1.5 million by a person who first received the money.

“The Defendant, as a leader operating the said system, committed as if he could pay the said system in the order of number.”

However, in fact, although the Defendant had operated the 21st unit normally the victim, he did not have any intention or ability to pay the 30 million won to the members of the fraternity according to the order of sequence 1, 3, 5, 6, 7, 8, and 9, such as the victim's normal admission to the number system. After the Defendant created the old unit, he had been able to receive the payment of the fraternity and used it to pay the fraternity, etc., and at the time, he did not have any intention or ability to pay the fraternity to the members of the fraternity the amount of KRW 940 million.

Nevertheless, the Defendant, as such, by deceiving the victim and receiving KRW 1.5 million from the injured party on May 28, 2015, and received KRW 175,500,000 from 7 victims and received KRW 1.5 million from 13 times for the nine unit, as described in the list of crimes in the attached Table of Crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. Complaint;

1. A list, and a list of members;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations] [the grounds for sentencing under Article 38(1)2 and Article 50 of the Criminal Act / [the scope of recommendations] / The basic field (8 to 4 years) : No rise in the first step of the type of concurrent crimes [the person subject to special sentencing] as a result of the addition of concurrent crimes [the person subject to special sentencing]] is larger than the amount of damage, and the damage has not been recovered.