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(영문) 서울서부지방법원 2015.04.01 2014고단3604
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

"2014 Highest 3604"

1. Around August 30, 2009, the Defendant: (a) organized the number system that manages 20 units of each of the 20 units with C at a restaurant with no knowledge of the trade names in the Eunpyeong-gu Seoul Metropolitan Maamamamb; (b) joined the victim D, E, and F as a member of the above number system and paid 250,000 won each month if the Defendant had become aware of in the course of performing an operation at the restaurant before the towing; and (c) proposed that he would return the amount of KRW 10,000 on the relevant number system; and (d) thereafter, he/she received the payment from the victims from that time.

However, the Defendant, immediately after the organization of the above serial System, had increased its liabilities from October 2009, and even at the end of 2009, at the end of 2009, was liable to pay more than KRW 200 million, and the accounts received from the victims were also lent at a different place, and thus, even if receiving the accounts from the victims, the Defendant did not have any intent or ability to pay the accounts on the relevant number date.

Nevertheless, the Defendant made a false statement as if he would pay the victims a normal guidance, and from that time, acquired the amount of KRW 40 million from the victim D, KRW 10 million from the victim E, KRW 10 million from the victim E, and KRW 10 million from the victim F as a deposit, respectively, from November 2012.

2. The Defendant, at a place where the location cannot be known on July 2012, 2012, asked the victim D to subscribe to a numbering system by posting a telephone, and requesting the victim D to subscribe to a credit system, stating, “The time the successful bidder’s bid is completed shall be the time the successful bidder’s bid is completed, and the accounts shall be scattered again. From July 2012 to January 2013, 2013, beginning with the period from July 2012, 201 and paying a credit amount of KRW 90,000,000,000,000 won per one unit of 20,000 won per share until January 2013.”

However, at the time, the defendant is 200 million as the above "1."

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