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(영문) 의정부지방법원 2012.12.06 2012고단1108
사기
Text

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

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

Reasons

Punishment of the crime

On August 25, 2003, the Defendant made a correction ex officio to the extent that the identity of the facts charged is recognized. On August 25, 2003, the Defendant organized a number system of 41 foot 50 million won.

The fraternity was operated in such a way that the defendant recruited the members of the 21st unit and C collected the fraternity (1,250,000 won, and 1,750,000 won, respectively) from the members of the fraternity that the defendant and C collected at their own responsibility, and the defendant and C collected the fraternity (1,250,000 won, and 1,750,000 won, respectively, from the other party during the month in which he/she left the fraternity, and when the other party withdraws the fraternity, he/she shall be paid approximately KRW 25,00,00 to the other party, and approximately KRW 50,000,000,000,000 to the other party, and KRW 5,000,000,000,000,000,000 from the 6th line to the previous one).

Around April 2004, the Defendant: (a) around April 2004, D, which was recruited by C, was twiced on the 25th of the same month; (b) provided KRW 25 million to C with the deposit money it collected; (c) but did not so; and (d) agreed with C to discontinue joint operation of C.

In the event of mixed operation of a fraternity in the future, the defendant concealed it to the victim E, even though his own own own self could not guarantee the payment of the fraternity at a time of the due date, and received 2.5 million won from the deposit of the old account Nos. 29 and 41 on May 27, 2004, as shown in the list of crimes in the attached Table, from around 13 times until May 26, 2005, the defendant acquired the total sum of 32.5 million won from the date of the previous account until May 26, 2005.

Summary of Evidence

1. The defendant's legal statement that he/she had no choice but to operate the fraternity jointly (the fifth court date);

1. Legal statement of witness E, C, F, and G;

1. Statement E in the suspect examination protocol of the accused by the prosecution;

1. E in the second police interrogation protocol against the accused.

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