사기
A defendant shall be punished by imprisonment for two years.
Each applicant for compensation shall be dismissed.
Punishment of the crime
[2017 Highest 749, hereinafter “749”)
1. On November 20, 2015, the Defendant shall organize the number number of 15 old accounts per month from the date of “R” clothes operated by the victim D in Q Q in Busan Dong-gu around November 20, 2015.
Any fraternity member who receives the guidance shall pay 3,450,000 won added to 1% of the guidance, and the next priority fraternity shall receive the larger amount.
The payment shall be made by joining the fraternity, and the payment shall be made by the sequence that the applicant wants.
“” was discussed to the effect that “.
The Defendant received 6 million won in total from the victim D immediately, and received 15 million won in total from the victim H to September 20, 2016 (attached Form 1 / [Attachment Table 1] from around that time to September 20, 2016, 30 million won in total from the victim E, 33 million won in total from the victim, 10 times in total from the victim E, and 10 times in total from the victim H to receive 10 million won in total from 10 times in total, such as receiving 30 million won in total from 15 million won in total from 0.5 old accounts, and 30 million won in total from 10 times in total from the victim H, respectively.
However, the defendant did not have any particular property at the time, and most of the members were assigned to him in the order of priority, and the possibility of collecting the amount paid by the members of the fraternity is unclear, so there was no intention or ability to pay the amount of the fraternity normally even if he received the payment from the victims.
Accordingly, the defendant, by deceiving the victims, received property from the victims.
[In this regard, the defendant/defense counsel stated that a total of 11 fraternitys have been paid in case of the victim G, but in fact, only 10 fraternitys have been paid in the same way as other fraternitys.