beta
(영문) 서울중앙지방법원 2012.05.30 2011고단4276

사기미수

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of ten months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who operated or joined a “ear-to-face” term from 2006 to 2006 to receive KRW 00 million per Gu unit, and Defendant B was a person who participated in the guidance, etc. operated by Defendant A.

1. Defendant A’s attempted fraud, around June 2008, through B, known through a fraternity meeting, Defendant A subscribed to the 20 unit of the total number of 20 units (4 and 17 units) and was issued by Defendant A’s book in the name of “E”.

From June 2008 to February 2010, a member of the above number fraternity paid an amount of KRW 25 million per unit of the defendant's deposit account at least 21 times every 10 million. However, during the month in which a member of the fraternity receives the fraternity, he/she did not pay KRW 25 million every month and paid an amount of KRW 35 million every month from the following month. From the beginning of the month in which he/she receives the fraternity, a member of the fraternity who was enrolled in the old account No. 1,2, and 3 up to the No. 1,3 has received only KRW 50 million, and from the beginning of the fraternity who was enrolled in the old account No. 4, in addition to the fraternity of KRW 500,000,00 each month, he/she was required to additionally receive an additional amount of KRW 10,000 per order.

E on September 11, 2008, from the Defendant, transferred money of KRW 483 million to the bank account in the name of Korea bank in the name of the victim F, E, his wife, to the Defendant (i.e., KRW 510 million in total - KRW 25 million in the old account - KRW 25 million in the old account - KRW 200 million in the old account). On November 2008, when the above number fraternity was detained by G who served as a leader of several other ears, other members of the above number fraternity began to pay the old account in fear of strike, and E even around March 4, 2009, the sum of the amount of the old account No. 1750,500 in the old account was discontinued to prevent damage to the old account due to suspension of payment of KRW 450,500 in the old account.

On December 2, 2009, the Defendant was at the Seocho-gu Seoul Central District Court of Seocho-gu Seoul, Seocho-gu, Seoul, and on June 10, 2008, at 4 and 17 times the above limits that began from June 10, 2008.