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(영문) 울산지방법원 2012.11.08 2012고단1266
사기
Text

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

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

Reasons

Punishment of the crime

[criminal power] On March 16, 2012, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution at the Ulsan District Court on July 24, 2012, and the judgment became final and conclusive on July 24, 2012.

【Criminal Facts】

1. Around March 2007, the Defendant made a false statement to the victim D that “If he/she wishes to operate a number system, and he/she subscribed to the number system that is paid in 15 months each month for 300,000 won, he/she will pay KRW 5 million on the date of payment of the fraternity.”

However, in fact, the Defendant was paid interest to others when the personal debt is in excess of 300 million won, and the Defendant was required to pay the fraternity to other members of the number fraternity operated by the Defendant. Therefore, even if receiving the fraternity from the victim, there was no intention or ability to pay the fraternity on the day of the prohibition of guidance.

The defendant deceivings the victim as such, and is therefore subject to the same year as a deposit money from the victim.

5.1. 300,000 won, and the same year.

6. 26.30,000 won, and the same year.

7.27.300,000 won, and the same year.

8.28.30,000 won, and the same year.

9. 30,00 won on November 19, 19 of the same year, KRW 300,000 on December 26 of the same year, KRW 300,000 on January 22, 2008, and KRW 300,000 on January 22, 2008; and

2. 21.30,000 won, and the same year.

3.25.30,000 won, and the same year.

4. 29.300,000 won, and the same year.

5. 22.30,000 won, and the same year.

6. 19.3 million won, and the same year.

7. The sum of KRW 4.5 million was transferred over 14 times to the account of community credit cooperatives in the name of the defendant.

2. The Defendant’s fraud against the victim C was paid interest to the other party when the personal debt amounted to KRW 300 million, and the Defendant was required to pay the fraternity to the members of other serial circles operated by the Defendant. Therefore, even if the Defendant received the fraternity or borrowed money from the victim, the Defendant did not have the intent or ability to pay the fraternity or to repay the borrowed money on the date of the prohibition of the fraternity.

The defendant around November 2008 shall be the victim C at the beauty art room in Ulsan-gu E apartment shop in Ulsan-gu.

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