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(영문) 서울서부지방법원 2015.12.15 2015고단2643
사기
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Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 2013, the Defendant: (a) organized the number system to pay KRW 10,000 per month, including interest KRW 10,000,000,000,000 per month from D operated by the Defendant in Mapo-gu Seoul, and received KRW 21,50,000 per month from D operated by the Defendant in Mapo-gu Seoul; and (b) called, the Defendant: (c) organized the number system to pay KRW 60,000 per month to the Victim E; and (d) granted the said amount to the Victim E.

However, in fact, the defendant did not receive the fraternity from other members such as offsetting the obligation of the defendant, and even if he received the fraternity from the victim, he did not have the intent or ability to pay the fraternity in the sequence of the victim.

On May 23, 2013, the Defendant, by deceiving the victim, received a total of KRW 19.5 million from 20 times until December 26, 2014, as indicated in the attached list of crimes, including the transfer of KRW 1 million from one bank account (G) in the name of the Defendant’s fatherF to one bank account (G) in the name of the Defendant’s father’s father, and acquired the money by transfer from the victim by December 26, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes concerning specification of transactions;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

1. In light of the reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the Defendant’s criminal liability was not less and not agreed with the victim, but the Defendant paid the victim a sum of KRW 8.7 million as part of the guiding money of this case, the Defendant’s primary and reflectiveness, and other various sentencing conditions indicated in the records and arguments, such as the fact that the Defendant paid the victim a sum of KRW 8.7 million.

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