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(영문) 서울북부지방법원 2019.06.12 2018고단461
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[2018 Highest 461] On August 20, 2015, the Defendant made a false statement to the victims that “on the basis of: (a) 30,000,000 old unit of 26 units of 20,000 won per month (hereinafter “instant 20-day unit”); (b) drawing up the victim B (No. 18,24), C (No. 22,26), and D (No. 23), and (c) that “on the basis of each 1,200,00 won each month, the Defendant would have the victims receive the payment on the date set for each 1,20,000 won.”

However, in fact, while the Defendant did not have any other income than the monthly wage of 1.8 million won at the time, while the principal of the bank account was borne by 300 million won or more, the principal of the bank account was also borne by 100 million won or more, and thus, the Defendant was required to pay the monthly amount corresponding to the monthly wage only to the interest per month. The Defendant joined the 20-day system in which the Defendant had already been operating the existing system and appropriated the individual obligation to pay the accounts to the members of the 20-day system in which the Defendant had not been able to receive the accounts at the 20-day system, and then appropriated the individual obligation to pay the accounts to the members of the 1.20-day system in which the Defendant subscribed to the 20-day system in which the Defendant himself was able to receive the first 20-day system in return and appropriated the accounts to the individual obligation first, but did not have the intent or ability to pay the accounts in return, so the Defendant did not have the ability to receive the accounts normally at the 20-day.

The Defendant received totaling KRW 40,800,000 from the victim B to December 20, 2016, totaling KRW 22,800,000 from the victim C from August 20, 2015 to February 20, 2017, and KRW 28,800,000 from the victim D from August 20, 2015 to July 20, 2017.

[2018 Highest 3087]

1. An order of 20 days from the sequences;

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