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(영문) 창원지방법원 마산지원 2017.08.08 2017고단627
사기
Text

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

Reasons

Punishment of the crime

[Criminal Records] On April 19, 2017, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Changwon District Court, and the said judgment became final and conclusive on the 20th of the same month.

[2] On May 201, the Defendant attempted to operate a number system in which 20 million won are paid every 20 months by 1 million won by 20 members of the fraternity who became the home owner, at a non-permanent place on May 201.

When joining Nos. 19 and 20, and paying a monthly payment, it will pay an amount of guidance on the relevant date.

“Falsely speaking,” and the victim D joined the above horses from C through C with Nos. 19 and 20 in the above number system operated by the Defendant.

However, at the time of fact, when the defendant was unable to pay the previous fraternitys properly, he was thought to be appropriated for the fraternitys that he received from the injured party as the previous fraternitys, and he was individually responsible for the defendant's liability of approximately KRW 30 million, and there was no certain income or other property, so even if he was given the fraternitys from the injured party, he did not have the intent or ability to pay the fraternitys on the agreed date.

The Defendant deceiving the victim as above and caused the victim to remit the total amount of KRW 28 million to the account in the name of E used by C from May 201 to June 2012, the Defendant: (a) transferred the amount of KRW 14 months to several accounts; (b) transferred the said amount of money in the name of C from around 2011 to around 300,000; and (c) received money in the name of her husband F or in the name of her husband F from around 201 to her husband; or (d) obtained pecuniary benefits equivalent to the said amount of money by being exempted from the Defendant’s existing obligation against C.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused by the prosecution;

1. Statement made by the police against D;

1. Details of each transaction;

1. A criminal investigation report (a decision not to prosecute cases classified byC and appendix of indictment);

1. Investigation report (to hear statements by complainants);

1. Judgment.

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