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(영문) 서울북부지방법원 2016.07.15 2016고정540
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

When the Defendant was unable to receive benefits of KRW 200,000,000,000, which were received from a wing factory from around 2013 without any particular property, due to economic difficulties in around 2010, the Defendant subscribed to “E” to operate a dog in order to provide a boom, and subscribe to “E” to operate a map to provide a bold money to the victim D who became aware of the money through the boom.

A false statement was made.

1. On July 4, 2013, the defrauded through deception No. 1 made a false statement to the victim who believed that he/she was a member of the attached office in Seongbuk-gu Seoul Metropolitan Government F, stating that he/she would subscribe to the attached office operated by E for the said reason that he/she would provide the principal if he/she paid 3750,000 won by joining the attached office in 7.5 unit per 1 unit per month, and by joining the attached office in 200,000 won per 20,000 won per month, he/she would provide the amount of interest to the principal.

However, in fact, the above guidance is operated by the defendant, and the guidance leads to the warning of the members around November 2014 due to the economic difficulties of the guidance, so even if the guidance is received from the victim of the damage 3.75 million won per month, there was no intention or ability to pay the guidance.

Nevertheless, the Defendant, as above, was issued KRW 5,1250,000 throughout 13 times in total, as shown in attached Table 1, from October 11, 2014, including by deceiving the victim and receiving KRW 3,250,000 from the victim as an advance payment on the same day.

2. Since the Defendant was not operating the above 1 fraternity properly, the Defendant was trying to operate a new fraternity and continuously operate the 1 fraternity using the said fraternity, but actually subscribed to the 2 fraternity was in a situation other than the victim.

Around February 4, 2014, the Defendant subscribed to two joints to the victim’s 50,000 won per unit and five million won per unit.

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