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(영문) 의정부지방법원 고양지원 2018.03.22 2017고단3844
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant is KRW 25 million in fraternity between August 26, 2016 and September 26, 2018, KRW 1 million in fraternity ( KRW 1,250,000 in KRW 1,000 in each month before the beginning of the fraternity, KRW 1,250,000 in each month), KRW 26 in the old unit (26 days in each month), KRW 20 million in April 21, 2017 to December 21, 2018, KRW 1,00 in fraternity ( KRW 1,000 in each month before the beginning of the fraternity, KRW 1,200,00 in each month, KRW 1,00 in each month, KRW 1,00 in each month, and KRW 1,00 in each month from 1,01 in each month to 21,61 in each month, and KRW 1,201 in each month from 201 in each month.

On August 2016, the Defendant was admitted to the door-free market located in the Seodaemun-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), to the victim D, “The amount of KRW 25 million in the fraternity, KRW 1 million in the fraternity, and KRW 26 days in the period of 26 months. The amount of the fraternity may be free.

“A false representation was made.”

However, in fact, the Defendant operated a system to prevent the return by receiving a loan from the members of the fraternity for a period of three to four years, due to the Defendant’s failure to receive a loan from the members of the fraternity, and thus, the loans and individual damages have been paid at least KRW 300 million. In one month, it was paid at least KRW 1 million as interest, and the Defendant’s name, etc. was written in the name, etc. of the Defendant who did not join the actual fraternity because all of the members were entered in the name, etc. of the fraternity, even if he received a loan from the damaged person, he/she tried to use it for the purpose of repayment, credit card payment, etc., and did not have any intention or ability to normally operate the system.

Nevertheless, on August 26, 2016, the Defendant received KRW 1 million from the victim D to the agricultural bank account under the name of the Defendant, and acquired the total amount of KRW 291,50,000 from the total of 11 victims, such as (1) through (11) in the attached crime sight table (i) through (11).

Summary of Evidence

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