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(영문) 춘천지방법원 2015.04.28 2014고단678
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On September 16, 2010, the Defendant was sentenced to one year of imprisonment with prison labor at the Suwon District Court for fraud, etc., and the judgment became final and conclusive on September 16, 2010.

【Criminal Facts】 From June 2006 to August 2008, the Defendant organized and operated the “E System” in the Seocho-gu Seoul Metropolitan Government D Building 703 room.

Around November 20, 2007, when a fraternity operated by the defendant was a strike, and it was a situation in which it was required to settle a large amount of fraternity payments to the members, and it was a situation in which the defendant bears a large amount of obligation to operate the system. In addition, the F, which the defendant lent money, did not have any intention or ability to operate a normal system any longer because it did not repay the defendant's obligation to the defendant.

1. Around January 21, 2008, the Defendant stated that “Around January 21, 2008, the victim G organized the 21-day number system of KRW 50,000 per unit (50,000,000 per unit) from the said “E” office, and received a delivery of KRW 30,000,000,000 in total from March 21, 2008 to March 21, 2008 from the victim who believed that he will subscribe to the fraternity.”

In fact, even if the defendant received the fraternity from the victim at the time, he did not have the intent or ability to pay the fraternity to the victim on the fixed date, and it was impossible to operate the fraternity normally because he did not properly recruit the fraternity.

As a result, the defendant deceivings the victim by the above method, and acquired 30,000,000 won from the victim as a deposit money.

2. The defendant at the above "E System" office around June 3, 2008 stated that "the defendant organized 20,000,000 won per unit, 11,000,000 won per unit, and 7,000 won, and if he joined the System, he/she shall make the victim believe that he/she will be awarded a successful tender on the set date, and thereafter, he/she shall have the victim believe that he/she shall subscribe to one unit from that time until July 8, 2008, and thereafter six times until July 8, 2008.

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