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(영문) 부산지방법원 2017.02.15 2016고단7238
사기
Text

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

Reasons

Punishment of the crime

The defendant is a leader who organized a number system against the merchants of the Busan Dong-gu C market and the Busan Jin-gu D market while working as a cosmetics sales and insurance designer.

On March 30, 2016, the Defendant: (a) on the second floor of the Busan-dong C Market, Busan-gu, and (b) on March 30, 2016, paid 11 members to the C Market and D Market merchants in the amount of KRW 12 million each month, and (c) on the 25th day of each month to receive the time limit of KRW 12 million each month; (d) on the part of the C Market, the Defendant would be able to receive the time limit of KRW 12 million from the 12th unit each month; and (e) on the part of the C Market, the victim E (2nd unit), the victim F, the victim H, the victim H, the victim H, the victim I, and the victim J (hereinafter above 1st unit), the Defendant would be able to receive the time limit of payment from the 11th unit each month.

The phrase “ makes a false statement.”

However, even if the defendant received the advance payment from the victims, he thought that he would use the advance payment for the personal purpose of the defendant or to engage in the bond business without providing the advance payment to the members of the D market, and therefore, he did not have any intention or ability to provide the advance payment to the victims.

Nevertheless, the Defendant: (a) deceiving the victims as above from April 2016 to October 20 of the same year; (b) 14 million won from the victim E; (c) 6.5 million won from the same victim F; (d) 7 million won from the same victim H; (e) 7 million won from the same victim H; (d) 7 million won from the same victim I; (e) 7 million won from the same victim J; and (e) 7 million won from the same victim J; and (e) 48.95 million won were paid from all the victims.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, H, E, I, and J;

1. Application of Acts and subordinate statutes of each trading place;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The reason for sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes.

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