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(영문) 대구지방법원 경주지원 2019.02.27 2018고단539
사기등
Text

A defendant shall be punished by imprisonment for six months.

except that 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

From around 2008, the Defendant is a person operating a so-called “numbering system” in which members are recruited from the first day of the racing city to pay the fraternity in order, and the victim C is a member of the fraternity operated by the Defendant.

1. On April 30, 201, the Defendant made a false statement that “The Defendant would lend money to other members in order to give money to the other members in order to give money to the other members, and pay money three months after the internal date.”

However, in fact, since the No.S. system operated by the defendant does not enter properly from the members of the fraternity, the defendant was in a situation in which the defendant lent money to another member of the fraternity in lieu of the other members of the fraternity, and the defendant did not have any intention or ability to repay money even if he borrowed money from the victim because there was no special occupation in addition to the operation of the system.

As such, the Defendant, by deceiving the victim, received KRW 8 million in cash from the victim on the same day and acquired it by deception.

2. Around March 2013, Defendant 201 in breach of trust organized the number system consisting of 16 foot 10 million won and the victim was the 11th fraternity of the said system.

Around January 22, 2014, the Defendant received all the fraternity payments from the victim in front of the office of the victim in the racing-si D on January 22, 2014, and thus, the Defendant violated the obligation to pay the fraternity 10 million won to the victim, which became an order of the same day as the owner of a fraternity, but did not pay the fraternity 10 million won, and did not pay the remainder two million won, thereby acquiring the pecuniary benefits and causing damage equivalent to the same amount to the victim.

From that time until August 20, 2015, the Defendant acquired a total of 23 million won proprietary benefits in violation of the same method through six times in total, such as the statement in the list of crimes, from that time until August 20, 2015, and suffered a considerable loss to the victim.

Summary of Evidence

1. The witness C’s legal statement 1.

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