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(영문) 부산지방법원 2019.06.12 2018고단5763
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[Basic Facts] Unlike the sequence, the so-called “successful bidder” does not set in advance the “paid amount,” “paid amount,” and “net number,” which are generally to be paid, and if a successful bidder is awarded to a member of the fraternity, who set the lowest interest rate, on the given date of each month, he/she shall be liable for it, and the successful bidder shall be paid with equal installments of the successful bidder from the remainder of the fraternity except for the successful bidder. However, the fraternity and the last consultant shall be operated by the method of automatically receiving the total amount of the successful bidder on the one-time term date and the last term of the time limit date.

Although the Defendant has been operating a successful bidder as a fraternity without certain occupation or property for several years, the Defendant has been operating the successful bidder system by using the fact that the Defendant is denied dentist and the Defendant is fully entrusted with the operation of the successful bidder system based on the Defendant’s credit, such as a certain relationship of friendship, etc., and that the Defendant did not fully know the operating status of the said system. In short, the successful bidder system has been operated in the order of the successful bidder, including those who did not actually subscribed to the successful bidder or those who did not pay a set-off and disposed of a set-off without paying a set-off amount, in which the successful bidder is included as some of the members, and the successful bidder system has been operated in the way of using the same as the advance of the payment received from the normal members of the successful bidder or of the Defendant’s loan repayment, etc.

【Criminal Facts】

1. On October 21, 2016, the Defendant related to the winning bid on October 21, 2016 recommended the winning bid to the C cafeteria located in Busan Dong-gu, Busan, the victim D, the same E, and the same F, and the winning bid amount. “The winning bid amount of KRW 50,000,000 for the first total amount collected by 17 members. The winning bid amount shall be paid to the KRW 21 of each month, and the winning bid amount shall be paid to the KRW 50,000,000,000 or the lowest amount shall be excluded from the winning bid.

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