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(영문) 울산지방법원 2020.10.23 2020고단402
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, from around 2013 to 2013, was operating several successful bidders at the same time, and from around 2016, it was difficult for other members to pay the fraternitys to the other successful bidders because of the failure of the members to pay the fraternitys. As a separate successful bidder, even though the Defendant organized a separate successful bidder and paid the pre-existing successful bidders by using the bonds, the Defendant was in a situation where the pre-existing successful bidder was not operated normally. However, if the successful bidder was organized to the victims, the successful bidder was able to receive the fraternitys by operating the successful bidder normally and receiving the fraternitys from the victims.

1. On May 2016, the Defendant against the victim B would operate a successful bidder bid amounting to KRW 30,000,000 in the 13-Gu unit of “B” to the victim B.

When a prize is paid each month, the entire amount of the prize will be paid normally when a prize is awarded.

“.........”

However, as above, the Defendant was unable to make a so-called return, such as the Defendant’s payment of the unpaid bid amount by using bonds, etc. or organizing another successful bid amount by organizing another successful bid amount. There was no particular income, and there was no intention or ability to operate the above system normally, and even if the Defendant received the advance payment from the victim, he did not have the ability to pay the advance payment.

The Defendant, as such, made a false statement to the victim, received KRW 2,500,000 from the victim around May 12, 2016, as well as received KRW 21,287,00 from around that time to April 2017, the Defendant received KRW 21,287,000 in total from around 12 times, as shown in the list of crimes (1).

2. The criminal defendant against the victim E is the victim in the above D around July 2016.

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