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(영문) 울산지방법원 2016.07.21 2016고단1649
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 2010, the Defendant agreed to organize the successful bid amount of KRW 30 million for the limit of KRW 13,500,000,000 in which 13 community members pay KRW 2.5 million each time from around October 20, 201 to around November 20, 201, the Defendant received the highest monthly payment from 13 community members, including victims E, F, G, and H, and to pay the highest amount to the successful bidder.

However, the Defendant had already been unable to pay the fraternity to the members of another successful bidder who had been organized and operated from March 2010. However, even if the victims subscribed to the fraternity and received the fraternity, it was thought that they were used to pay the fraternity for the previous system, and there was no intent or ability to pay the fraternity to the successful bidder by operating the normal successful bidder.

As such, the Defendant: (a) informed the victims; (b) received a total of KRW 74,036,000 from October 20, 201 to July 25, 201, as indicated in the list of crimes in the attached Table, from around October 20, 201 to around July 25, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and I;

1. A complaint;

1. Books, transaction details, account transaction details, account payment details, account transfer details;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The grounds for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the scope of recommendation] [the grounds for sentencing under Article 38(1)2 of the Act on the Aggravated Punishment of Concurrent Crimes and Article 50 [the scope of recommendation] There is no person who is subject to special sentencing [six months to one year and six months] [the person who is subject to special sentencing] [the decision of sentence] [the decision of sentence], taking into account the following circumstances, the age, sex behavior, environment, etc. of the defendant, the punishment as ordered.

- The defendant has no record of force or record of the same kind, which has been punished by imprisonment without prison labor or more.

Although the amount of damage is not small, damage has not yet been recovered.

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