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(영문) 광주지방법원 2016.03.17 2015고정1951
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000 (No. 2,000).

When the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

On February 28, 2013, the Defendant: (a) made the victim C, etc. as a guidance member, and organized a system of 30 old accounts (one million won per old account) which is KRW 30,000,000,000,000; and (b) made the victim to receive a guidance on 24 occasions; (c) the victim paid a KRW 16,000,000 per month from February 28, 2013 to May 30, 2014.

On June 28, 2014, the Defendant: (a) around Gwangju (hereinafter referred to as “Seoul”); (b) around May 30, 2014, the facts were that D, E, and F did not pay the said guidance money properly; and (c) as the operation of the said guidance was suspended at the end of 16th, the Defendant did not notify the fraternity members who did not receive the guidance money of the fact that they would discontinue the payment of the guidance money; (d) however, the Defendant did not notify the victim of the fact that he did not receive the payment of the guidance money.

On June 28, 2014, the Defendant was remitted one million won to the Gwangju Bank account in the name of the Defendant from the damaged person who was under the circumstance that the said fraternity continued to run normally due to the Defendant’s failure to receive the aforementioned notification from the Defendant.

The Defendant, including this, received a total of seven million won from that time until December 29, 2014 under the pretext of a mutual savings deposit, on seven occasions every month from that time until December 28, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the police accused;

1. Each statement made by the police with respect to G, C, and D;

1. Application of Acts and subordinate statutes to a complaint, letter of settlement of money, copy of a passbook, book of operation of a fraternity, register of members of a fraternity, and a statement of transactions of entry and withdrawal (Evidence Nos. 1, 2, 6, 9, 10, 14, 15 of the evidence list);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. In light of the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the amount of fine prescribed in the summary order of this case is the amount of fine in light of the following: (a) the background and consequence of the above case; (b) the act of the accused before and after the commission of the crime; (c) whether the damage was recovered

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