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(영문) 서울중앙지방법원 2018.09.06 2018고단2357
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who operated an sequence of 400,000 won in each month from June 2015 to July 2017 (hereinafter referred to as “the sequence Nos. 1”); from November 2015 to December 2017, to pay an amount equivalent to 400,000 won in each month (hereinafter referred to as “the sequence No. 2”); and from June 2016 to July 2018, to operate an sequence of 400,000 won in each month (hereinafter referred to as “the sequence No. 3”).

1. Fraud against the victim B;

A. On June 2015, the Defendant would pay the victim’s residence in Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government (hereinafter “Seoul Jongno-gu”) with “400,000 won per month from June 2015 to July 2017, and the interest, etc. paid additionally by the members of the fraternity who received the fraternity prior to KRW 10,000,000,000 and the interest, etc. pursuant to the prescribed sequence when he/she paid the victim each month after joining the fraternity operated from June 2015 to July 2017.

The phrase “the phrase was false.”

However, in fact, the Defendant had no intent or ability to pay the money by means of the victim’s sequence even if he received the payment from the injured party, even if he received the payment from the injured party, by newly borrowing the money or receiving the credit card, and operating the money in the form of a “refiscing to return,” even though he received the payment from the injured party, the Defendant did not have the intent or ability to pay the money by taking account of the fact that he received the payment from the injured party.

Nevertheless, on June 20, 2015, the Defendant received KRW 1.2 million from the injured party on June 20, 2015, the Defendant received from the injured party a total of 31,200,000 won, from that time, from July 25, 2017, as stated in attached Table 1-1.

B. The Defendant was at the place indicated in the foregoing paragraph (a) on November 201, 205, and “the victim” on November 2015, 2015.

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