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(영문) 수원지방법원 2017.11.23 2017고단5163
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[criminal history] On April 12, 2017, the Defendant was sentenced to eight months of imprisonment for fraud in support for the development of the Suwon method, and the judgment became final and conclusive on June 29, 2017.

[2] On September 20, 2013, the Defendant: (a) at the D cafeteria located in Ansan-gu, Mayang-si; (b) around September 20, 2013, the Defendant subscribed the victim E to the 26 fraternity consisting of 1.26 members per each 20,000 won.

When a mutual savings fund is paid, it may be withdrawn from 30 million won or more.

“A false representation was made.”

However, the defendant operated a different number system around 2009, but the fraternity members did not pay the fraternity, and the defendant was liable for the debts of approximately KRW 70,000,000 to the branch members, such as F, etc., who had been able to pay the fraternity, and the defendant had recruited new ideas by receiving the fraternity payments of the newly admitted fraternity members by so-called "the return prohibition", and there was no intention or ability to pay the fraternity payments, even if he received the fraternity payments from the injured party.

Nevertheless, the Defendant, as seen above, was issued KRW 3,624,00,000 from that time to January 19, 2015, as stated in the list of crimes in attached Form 24 times, including by deceiving the victim and receiving KRW 1,20,00 from the victim as an advance payment on September 23, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of deposit transactions, mailbook transactions, and passbook transactions;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the necessity of this transmission), investigation report (report attached to a judgment, etc.) and statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that the reason for sentencing of Article 39(1) has become final and conclusive - the crime of fraud for which judgment has become final and the latter part of Article 37 of the Criminal Code, so the sentencing criteria may not be applied.

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