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(영문) 서울중앙지방법원 2016.07.15 2016고단2400
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Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On March 24, 2011, the Defendant was sentenced to a suspended sentence of 8 months in Seoul Eastern District Court for fraud, and on April 1, 201, the above judgment became final and conclusive.

[2] The Defendant had already organized several successful bidders, but the senior successful bidders received the fraternity by organizing a senior bidder, a re-successful bidder, etc. and then planned to operate the fraternity by the method of "recognating a return", and then received the fraternity from the successful bidders, and used it to prevent the remaining funds when operating only a part of the principal and interest payment to the successful bidders by receiving the fraternity payment from the successful bidders, and to prevent the remaining funds.

Therefore, the Defendant did not have the intent or ability to pay the fraternity on the fixed date, even if the victims subscribed to the fraternity and receive the fraternity payment, as a result, in a situation where it is impossible to pay the fraternity to the next-order fraternity members by operating the fraternity in such an abnormal manner as above.

1. The Defendant, against the victim C, by deceiving the victim C from July 2007 to August 31, 201, obtained a delivery of KRW 44,826,00 in total from the damaged person as a guidance deposit, by deceiving the victim C as described in paragraphs (a) through (f).

A. A. On July 25, 2007, the Defendant made a false statement to the 50 million won successful bidder, stating that “If the Defendant subscribed to the 50 million foot successful bid and paid the advance payment, he will pay the advance payment to the victim in the prescribed sequence.”

The Defendant, as such, by deceiving the victim, was delivered KRW 17,50,000 from July 25, 2007 to August 20, 2008 from the victim to the victim.

(b) March 10, 2008 1.

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