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(영문) 창원지방법원 2016.11.24 2016고단3589
사기
Text

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

Reasons

Punishment of the crime

On May 2014, the Defendant called the victim D at the Defendant’s home located in Sa city Co., Ltd., and made a false statement to the effect that “If the Defendant subscribed to the winning bid system under the internal management, the first month shall be paid KRW 2 million, and from the next month, the amount calculated by deducting the interest paid by the members according to the interest paid by the members, will be paid KRW 30 million if the fraternity paid the fraternity over 15 times in total.”

However, in fact, since from around 2008, the Defendant operated several successful bidders as a fraternity, and from around 2013, since around 2013, it was difficult to operate the successful bidder, the Defendant had no intention or ability to pay the advance to the victim by operating the successful bidder normally, since the Defendant was operating the single successful bid system in the way of paying the advance payment of the existing members by constituting a new system and paying the advance payment.

As such, the Defendant, by deceiving the victim, received KRW 2,284,00 from the victim to the Agricultural Cooperative (E) account under the name of the Defendant on May 19, 2014 as a deposit money, and acquired the money by deceiving the victim on 22,284,00 won in total on 15 occasions from around that time to July 19, 2015, as shown in the attached crime list, as shown in the attached Table.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the complaint (including attached documents);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Comprehensively taking into account the following factors: (a) details and methods of the crime of the reason for the sentencing of the selective sentence of imprisonment, the scale of damage, reflects, the amount of fraud, the return of 10 million won out of the amount of criminal punishment, the absence of any record of criminal punishment, and the equity between cases of being tried together with other crimes of the same kind which are currently pending in the appellate trial.

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