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(영문) 서울북부지방법원 2017.11.22 2017고단266
사기
Text

Defendant

A Imprisonment with prison labor for ten months and for six months, each of the defendants B shall be punished by imprisonment.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant A suffered damage due to Defendant B’s failure to receive KRW 40 million from Defendant B while working as a member of the fraternity operated by Defendant B from around 2014.

Accordingly, the Defendants organized a new number system with Defendant A as a leader, and received from the fraternity members, and had the money received from Defendant A as a means of recovering the damage of Defendant A.

On October 25, 2015, the Defendants: (a) around October 25, 2015, at the “F cafeteria” located in Seongdong-gu Seoul Metropolitan Government, Defendant A was the leader of the Defendant; (b) the Defendants and the Victim G were divided into 10 old units; and (c) the Defendants and the Victim G paid an amount of money in KRW 10 million; and (d) the number of the terms under which the Defendants receive an amount of money by the sequence was established

The Defendants made a false statement to the victim stating that “If the Defendants joined the 100 million foot fraternity No. 2 and 10,000 won per unit of the Gu, and paid in 10,000 won per unit of the Gu, the Defendants would have the victim receive the payment at the fixed date.”

However, in fact, Defendant A did not receive any other accounts due to the spread of Defendant A at the same time, and Defendant B had a debt of KRW 50 million, and Defendant B had a debt of KRW 100 million, which was organized to recover the damage of Defendant A as above and had no intent and ability to pay the accounts. Therefore, even if Defendant A received the accounts from the injured party, there was no intention or ability to pay the accounts normally to the victim on the agreed date.

On October 26, 2015, the Defendants received KRW 20 million from the injured party to the Korean bank account in the name of the Defendant A in the name of the Republic of Korea on October 26, 2015.

As a result, the Defendants conspired to attract the victim to receive the goods.

Defendant A operated “I” to sell herb materials in H market by up to 2011.

Defendant

A around August 2014, in the vicinity of the Taelle-dong, Seoul, the victim J of "11 person is one million won per month.

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