(영문) 대전지방법원 2018.08.30 2017고단3921

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Reasons

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(영문) 대전지방법원 2018.08.30 2017고단3921

사기

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The defendant shall be innocent.

Reasons

1. On June 201, the Defendant charged with the facts charged to the victim C and E through the parent-friendly D of the victim C around June 201, “at present, the Defendant is operating the system with the domestic share price.

If a member of the fraternity pays the fraternity in 1.2 million won per month, he/she will give up the fraternity 30 million won by the sequence of 23th around June 2013.

The written indictment does not distinguish between the fraternity and the fraternity payment, but in the case of below, it shall be written separately from the fraternity payment to be made every month in order to reduce the fraternity payment.

In other words, each month was promised to receive KRW 600,000 from the victims each month. From June 21, 201 to March 21, 2013, the sum of KRW 26,40,000 was transferred to the Nong Bank account in the name of the defendant.

However, the Defendant was not a member of the fraternity operated by F, and the Defendant was responsible for a large amount of debt due to the failure of the business invested by the Defendant at the time of soliciting the victims to join the fraternity, and was thought to be used for the repayment of the existing debt by the so-called so-called “return prevention,” and thus, there was no intention or ability to pay the said fraternity normally even if the Defendant received money from the victims under the pretext of the fraternity payment.

Accordingly, the defendant deceivings victims and received a total of KRW 26,40,000 from victims and acquired them by remittance.

2. First of all, the defendant's mother-friendly D of the victim C is operating the system even though the defendant is not the leader.

We examine whether “the” was deceiving.

According to the evidence duly adopted and examined by the court, the victims are not directly heard from the defendant and are not admitted to the instant accounts, but through D, they are admitted to the fact that they were admitted to the mutual account from the defendant (the victims are the victims of the mutual account).

Therefore, those who are directly heard from the Defendant.

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