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(영문) 서울서부지방법원 2014.10.29 2014고단408
사기
Text

A defendant shall be punished by imprisonment for one year.

An application for remedy by an applicant for remedy shall be dismissed respectively.

Reasons

Punishment of the crime

Although the mother of the defendant who is not able to move freely due to illness, the defendant was suffering from economic difficulties due to lack of occupation or import, the defendant organized the fraternity, received a payment from the fraternity as the living expense passbook from the fraternity members, and used part of the fraternity as living expenses, etc., and when there is a shortage in the fraternity that should be paid to the fraternity members, the defendant borrowed from the fraternity members and then borrowed it from the fraternity members to the fraternity members, and operated the system with the so-called re-called re-called re-return system that is paid to the fraternity members, from around 2006, and 11 members of the fraternity were recruited from around 206.

As above, the Defendant used some of the accounts received as daily expenses. From the end of 2008, the Defendant loaned some of the accounts to I as a whole. From October 2010, the Defendant was unable to receive the accounts with approximately KRW 18 million on the wind that I locked, and there was no intention or ability to pay the accounts on the date of the promise even if he received the accounts from the fraternity members.

Nevertheless, the Defendant, at around October 2011, informed the victim C of the Defendant’s residential area located in Mapo-gu Seoul Mapo-gu, that “if he pays the payment in installments of KRW 250,000 per month, he will offer the payment in KRW 5,00,000 per month in the 21th month.” The Defendant falsely referred to as “making the payment in installments of KRW 2,100,000 per month.” around October 17, 2011, he received KRW 2,10,000 from the victim C who was in his residential area from around February 18, 2013, by deceiving the victims of the cause of the fraternity, such as the list of crimes in the attached Form, and by deceiving them, he received the total amount of KRW 9,455,550,00 from the victims, and acquired property benefits

Summary of Evidence

1. Part of the defendant's legal statement;

1. Each legal statement of witness C and D;

1. Examination protocol of the accused by the prosecution (including the part concerning the statement C and D);

1. Statement by the police about C (including D's statement part);

1. C, E,.

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