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(영문) 춘천지방법원 원주지원 2016.06.13 2016고단330
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant was the subject of the No. 50, and the victim C, D, E, and F were the subjects of that guidance.

On December 24, 2012, the Defendant: (a) in a restaurant called “H” located in G in the prime city of nuclear power around December 24, 2012, when the victims pay 50,000 won per month to the victims, he/she may order the victims to receive the fraternity; and (b) those who have already received the fraternitys shall be paid 60,000 won per month; and (c) thus, he/she may receive the more amount of the fraternitys at the latest.

“The purpose of “ was to make a false representation.”

However, in fact, the defendant was under way to live, and the victim F, etc. had a total of KRW 98 million obligation, and the victim F, etc. had a total of KRW 1.2 million obligation to pay the interest of KRW 1,200,000 per month, so there was no ability to issue the guidance to the victims while operating the guidance normally.

As above, the Defendant: (a) informed the victims; (b) received a total of KRW 15.75 million from the victim C to August 2014; and (c) thereafter, from around December 2012 to around August 2014, the Defendant acquired a total of KRW 42 million property interest from the victims, as shown in the list of crimes in the attached Table, from around August 2014.

Accordingly, the defendant deceivings victims to acquire financial benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Each report on investigation;

1. A complaint;

1. Application of Acts and subordinate statutes to the details of each transaction and the list of members;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of criminal facts: Selection of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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