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(영문) 창원지방법원 통영지원 2013.10.01 2012고단1194
사기
Text

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

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

(e).

Reasons

Punishment of the crime

On August 12, 2011, the Defendant was sentenced to 10 months of imprisonment for fraud and 2 years of suspended execution in the Changwon District Court’s territorial branch on August 12, 201, and the judgment became final and conclusive on August 20, 201.

1. From March 25, 2007 to September 25, 2009, the Defendant organized the successful bidder amounting to 3,334,000 won per monthly payment per unit from March 25, 2007, totaling 31 units, a single successful bidder amounting to 100 million won, a single successful bidder amounting to 25th day per month. The successful bidder of this case was composed of 27 persons such as C and her husband of the Defendant and her husband of the Defendant, and the victim E, F, G, and H.

However, a large number of members except the victims who have joined the successful bid for this case and several members of the successful bid for this case are those who are already liable to pay a large amount to the defendant, or who have unpaid the monthly payment of another fraternity in which the defendant had been operating. Since such members' successful bid payment will be appropriated for the payment of the above existing debt or the unpaid monthly payment of other fraternitys, it was difficult for such members to properly pay KRW 3,334,000 not later than the end of the successful bid for this case, and there was no possibility that the security for the monthly payment would continue until the end, and therefore, even if the defendant receives the monthly payment from the victim, there was no intention or ability to normally pay the successful tender payment to the victim.

Nevertheless, the Defendant, without notifying the victim of the above circumstances and by deceiving the victim as if the above successful bidder was operated normally on April 2, 2007, received 4,334,000 won from the victim as the agricultural bank account (Account NumberJ) in the Defendant’s mother’s first installment (34,000 won) and as security deposit (1 million won), and acquired 24 times in total by February 25, 2009 as shown in the attached Table of Crimes (1), and acquired 4,389,000 won from the victim.

2. On October 3, 2008, the Defendant was a successful bidder, and the Defendant was a successful bidder on October 3, 2008.

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