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(영문) 서울중앙지방법원 2018.11.22 2018고단3587
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant is the subject of an individual number system of KRW 20,00,000 and KRW 26 of the old account organized respectively by around November 2015 (hereinafter referred to as “10-day system”) and around May 2016 (hereinafter referred to as “30-day system”).

Around November 2015, the Defendant made a false statement to the victim C at the Defendant’s home located in Seocho-gu Seoul Metropolitan Government, stating, “The Defendant would have the victim receive an amount of money when he/she became an order of priority when he/she became an order of priority.”

However, in light of the fact that: (a) the Defendant had no special property at the time; and (b) the Defendant was a bad credit holder due to failure to pay taxes of KRW 13 million; (c) the Defendant had to lend KRW 100,000 to 50 million monthly interest each month from the victim D with the funds for guidance operation before the operation of the instant system; and (c) the Defendant had to operate the system by means of “free return”, such as lending money from other members of the community, and there was no intention or ability to pay the funds normally even if having received the funds from the victim C.

As a result, the Defendant, by such a method, by deceiving the victim C, received KRW 800,000 from the victim C to the F bank account under the name of the Defendant E, on November 10, 2015, and received KRW 800,000 from September 29, 2017, from the time to September 29, 2017, the Defendant received KRW 153,010,000 as the name of the number fraternity deposit from seven victims, as shown in the list of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, C, H, I, J, D, and K;

1. An investigation report (Submission of detailed data on I Bank Transactions, a complainant), a criminal investigation report (verification of K Damage Details, a complainant), a criminal investigation report (determination of D Damage Details), a criminal investigation report (verification of the amount of H Damage amount, a complainant), a criminal investigation report (determination of the amount of damage, a complainant), a criminal investigation report (determination of the amount of damage, a complainant), a criminal investigation report (determination of the details of damage, a criminal investigation report, and a criminal investigation

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