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(영문) 서울중앙지방법원 2018.10.25 2017고단9013

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On May 29, 2015, the Defendant was sentenced to a suspended sentence of two years for a year in the Seoul Central District Court due to a violation of the Act on the Regulation of Similar Receiving Acts, etc., and the judgment became final and conclusive around that time.

[Criminal facts] The defendant is a leader who has operated a "mar-to-mor-mor-mor-mor-mor-mor-mor-mor-mor-mor-mor-mor

On April 2008, the Defendant paid the principal and 10% interest to the victim C in the Gangnam-gu Seoul Metropolitan Government Btel in the order of 20 won each time when 20 members of the fraternity pay the fraternity regardless of the amount.

“The phrase “ was false.”

However, in fact, the Defendant operated the system only with the money that the members paid without their own funds, and since the above system is circulated from a day to a day, it is impossible to pay 10% interest for each member of the community. Thus, even if the Defendant received the payment from the injured party, he did not have the intent or ability to pay the principal and interest as agreed upon.

As such, the Defendant, by deceiving the victim, received cash 10 million won from the damaged person for the purpose of a settlement of accounts on April 14, 2008, from the damaged person, and acquired it from that time to April 3, 2008, by obtaining a total of 30 million won from the damaged person for the purpose of a settlement of accounts, as shown in the attached Table Nos. 1 to 3, 2008, as shown in the attached Table No. 1 to 3.

Summary of Evidence

1. Statement by the defendant in court;

1. The legal statement of the witness C;

1. Certificates of cash custody;

1. Application of C Account Transactions Statutes;

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The fact that the amount of damage caused by the crime as stated in the reasoning of sentencing in Article 62-2 of the Social Service Order Criminal Act exceeds KRW 30 million, and the damage has not been actually recovered (limited to only KRW 4.2 million has been paid as profit-making).