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(영문) 부산지방법원 2019.03.07 2018고정1797
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

While the Defendant was operating the number fraternity that received KRW 1 million per unit from April 29, 2016 to pay the money in the order of the number from around June 2016 of each month, the Defendant was running the number fraternity that received the money in the order of the number from June 1, 2016 and paid one million won per unit from the same month again from the same month, and the victim B is the number fraternity that was established on April 29, 2016 by succession to the number fraternity and its number fraternity from June 2016.

Even if the number limit opened around April 29, 2016 and opened again around June 2016, the Defendant subscribed to the unpaid source of the successful bid price system that the previous Defendant had operated as a member of the above number limit, and the monthly payment of the fraternity is approximately KRW 7,300,000,000 to be paid by the Defendant on behalf of the Defendant, and around that time, the Defendant has reached approximately KRW 300,000,000,000 to be paid by the Defendant on behalf of the Defendant, and even if the Defendant received monthly payment from the victim, there was no intention or ability to pay the fraternity to the victim as agreed.

Nevertheless, the Defendant, around April 29, 2016, opened and operated an officetel office located in Busan-gu, Busan-gu, for the victim’s purpose of opening and operating a number of KRW 16 million per month in which the 16 members of the fraternity are to pay KRW 1,00,000 per month by joining 15 times per month and paying KRW 1,00,000 per month, the Defendant made a false statement that the Defendant would pay money including KRW 15 million and interest around July 2017.

The Defendant, from April 29, 2016 to January 31, 2017, obtained a total of KRW 10 million from the victim as a deposit money, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of a specification of transactions remitted from fraternity money;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

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