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(영문) 서울중앙지방법원 2017.06.15 2017고단2555
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

In September 18, 2015, the Defendant, who operated the salary provision place, organized an order of priority against the operators of nearby salary grade factories from around 200 to play a leading role, organized the order of priority between 25 members including the Defendant and 31 unit (up to 33 unit units by adding 2 unit units after drilling) in the D cafeteria located in Jung-gu Seoul Special Metropolitan City on September 18, 2015. The number of unit was 25 members including the Defendant, and the number of unit was 31 unit (up to 33 unit units by adding 1 million won to 2 unit) in one month, and paid 31 million won in one month by the order of priority.

However, while the defendant received a larger amount than the amount of the previous accounts at will while operating the previous accounts, the defendant operated the so-called system to prevent the return, such as not paying the amount of the fraternity properly. Even after the organization of the above system, the defendant did not notify the members of the fraternity and did not notify the members of the fraternity of 9.5 amount for personal purposes. Therefore, the defendant did not have the intention or ability to pay the fraternity normally to the 13 members, such as the victim E, etc.

Nevertheless, the Defendant, without notifying the victims E, etc. of the above circumstances, acted as if he would normally pay the fraternity, and had the victims E, etc. participate as the fraternity members, and received the total sum of KRW 589,500,000 from 24 members, such as the victim E, etc. from September 18, 2015 to June 28, 2016, and received KRW 587,50,000 from the 24 members, such as the victim E, etc., and paid the total sum of KRW 387,50,000,000,000 to the 113 members, while the Defendant did not pay the fraternity amount to KRW 13,00,000,000,000, which is the difference, in a way of personal use after receiving it as the money of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement protocol concerning E and F;

1. Statement protocol by the police for E;

1. Each fact-finding certificate (including all accompanying documents);

1.F, G, E.

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