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(영문) 서울서부지방법원 2015.12.10 2015고단2113

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From August 2012, the Defendant organized and operated a fraternity of 16,70,000 won per unit, 16,000 won per unit, 16,000 won, 16 months, and 10,000 won.

around August 2012, the Defendant: (a) around August 2012, the Plaintiff: (b) was unable to continue to operate the fraternity with the locked 20 million won following the Plaintiff’s locked; (c) since April 2013, there was no particular property; (d) was a situation in which it was difficult for the Defendant to operate the fraternity normally because of the aggravation of economic circumstances as much as the Defendant is required to raise the amount of money paid by another fraternity to which the Defendant was admitted as a bond.

Nevertheless, when the previous limit operated around December 2013 expired due to the expiration of 16-month period, the Defendant organized a new limit (16,670,000 won per unit, 166 months, 16-months, and 10,000 won) in the same way as the previous limit, and was provided with KRW 2,353,00,000 as the sum of the previous limit amounts as shown in the list of crimes committed by the victims from around February 3, 2015 to around February 3, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. E statements;

1. A detailed statement of each copy of a loan certificate, the details of remittance, each account, each details of financial transactions, the list of persons in charge of guidance, and the statement of salary prohibition;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Of concurrent crimes, the sentencing criteria set out in the arguments of this case, including the following circumstances, the age, character and conduct, and environment of the defendant, as well as the recommended sentences set out in the sentencing guidelines, among the concurrent crimes: (a) the sentence like the order shall be determined by comprehensively taking account of the following circumstances; (b) the age, character and conduct, and environment of the defendant.

The Defendant led to the instant crime, and is against himself.

B. The Defendant is guilty of fraud, etc. at the Seoul Western District Court on May 31, 2012.