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(영문) 서울중앙지방법원 2014.01.17 2013고단6946
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a representative who organized and operated a number system.

1. On September 201, the Defendant against the victim D: (a) around the end of Kimcheon-si, Kimcheon-si, the Defendant received KRW 1,1250,00,000 from the said victim D a total of nine occasions each month from the said victim’s payment of KRW 5,000,000 to the number system of 12 units per unit operated by the internal company; (b) and (c) the Defendant received from the said victim D a total of KRW 1,125,00,000,000 from the said victim’s payment of three units of money every month from October 28, 2011 to June 25, 2012.

However, the Defendant had the obligation to pay approximately KRW 100 million at the time, and there was no particular income. Therefore, even if the Defendant received the payment of the deposit, he did not have the intent or ability to pay the deposit in time.

Accordingly, the defendant deceivings the above victim and defrauds 1,1250,000 won as a deposit money.

2. On October 25, 201, the Defendant against the victim F, at the victim F’s house located in Kimcheon-si G, Kimcheon-si, the Defendant: (a) stated that the said victim “if he/she has subscribed to two units in the number system of 12,000 won per one unit in the internal management, he/she shall pay five million won per unit in each order; and (b) received KRW 8 million in total from the said victim during ten times every month from October 25, 201 to July 25, 2012.”

However, the Defendant had the obligation to pay approximately KRW 100 million at the time, and there was no particular income. Therefore, even if the Defendant received the payment of the deposit, he did not have the intent or ability to pay the deposit in time.

Accordingly, the defendant deceivings the above victim and defrauds 8 million won as a deposit money.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to D and F

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69(2)1 of the Criminal Act to attract a workhouse;

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