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(영문) 서울중앙지방법원 2012.10.17 2012고단3283

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On November 15, 2010, the Defendant stated that “D” bank located in the Gangnam-gu Seoul Metropolitan Government Section 318 of the building C, and that the Defendant would make payment without any monthly mold if the Defendant subscribed 8 times to the 40 million won number system composed of 17 persons.

However, in fact, the Defendant, at the time, has entered into approximately 40 accounts for not only the victims but also the other owners, and therefore, the Defendant had no intent or ability to faithfully pay the fraternity amount on the date of payment of the fraternity amount until the sequence of the fraternity amount received from other accounts, etc., and to receive the fraternity amount from the victims. Even if the Defendant received the fraternity amounting to approximately 1.3 million won such as the Defendant’s liability for bank obligations, etc. without any particular property at the time, there was no intention or ability to faithfully pay the fraternity amount on the date of payment of the fraternity amount.

Nevertheless, the Defendant, by deceiving the victim, received KRW 44.8 million from the victim on June 15, 201, and did not pay a total of KRW 17.5 million to the victim on seven occasions, thereby acquiring property benefits equivalent to that amount.

2. Around January 15, 2011, the Defendant stated, “Around January 15, 201, the Defendant subscribed two to the number system of 30,000 won, comprising 26 persons, and paid an advance payment, without a monthly mold, to the victim E. who is the owner.”

However, the defendant did not have any intention or ability to pay a mutual aid payment in good faith on the date of the mutual aid payment even if he receives the mutual aid payment due to the above circumstances.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) received KRW 30.6 million from the victim on February 20, 201; and (c) received KRW 33.6 million on July 20, 201 from the victim; and (b) did not pay the victim a total amount of KRW 33.6 million on July 20, 201; and (c) obtained property benefits equivalent to that amount by failing to pay the victim a total of KRW 22 times of payment.

The defendant.