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(영문) 제주지방법원 2015.09.09 2015고단485
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around December 2007, the Defendant organized and operated the term “numbering system” with 24 members, such as victim D, and the monthly payment amount of KRW 80-50,000,000, in the Defendant’s residence located in Gyeonggi Kimpo-si, Gyeonggi Kimpo-si.

From December 2, 2007 to June 2008, the Defendant was able to receive monthly fraternity payments from the victims and other members of the community, even if he was temporarily locked after receiving the fraternity payments, and even if he received the fraternity payments from the victims and other members of the community, even though he did not have the intent or ability to pay the fraternity payments from the victims, and even if he used the fraternity payments received from the victims as the fraternity payments of the above E, F, and On-the-counter Gms in name, the Defendant committed the Defendant, without speaking the victims, as if he were to pay the fraternity normally according to the order of order.

Accordingly, the Defendant received KRW 15 million from the victim on December 2, 2007 to December 2009 from the victim and acquired it by fraud.

around June 2008, the Defendant organized and operated the same method number system (hereinafter referred to as “number system”) against the same person at the same place on the same day around June 2009, the Defendant organized and operated 24 of the number of old units, including victim I, and 600,000 won in monthly payment (hereinafter referred to as “number system of 2008”) along with multiple guidances, including victim I, in the Defendant’s dwelling located in Seo-gu Incheon, Seo-gu, Incheon Metropolitan City H apartment 105, 1004.

Even if the Defendant received the guidance money from the fraternity organized and operated from December 2, 2007 to June 2008, and from the E, F, and name-free Glymar, etc., which were the guidance members in 2008, and then received monthly payment from other fraternity members, including the above victim, the Defendant did not have the intent or ability to pay the guidance money normally at the time determined, and the payment from the guidance members was received from the above members E, F, and F.

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