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(영문) 서울중앙지방법원 2015.11.24 2015고단3102
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 2013, the defendant organized the Gangnam-gu Seoul cafeteria, "2.1 month of fraternity operation period, 50,000 won monthly deposit per unit, 10,000 won per unit, and 20 million won monthly deposit per unit," and made a false statement to the victim D, E, F, and other members when he/she has subscribed to the above number system where he/she is to guide, the defendant would pay 10,000 won per month in accordance with the old number sequence."

However, in fact, the defendant was a person of bad credit standing without income at the time of the organization of the above serial System, and due to the bonds used during this period, the defendant was paid the first installment of KRW 10 million, but he did not have the intent and ability to operate the system normally, such as the defendant's failure to pay the first installment of KRW 4 and/or KRW 2,062,50 after the payment of the first installment of KRW 1/8.

Nevertheless, the Defendant could normally operate the fraternity, and the Defendant, as if he would normally deposit his own payment, had the victim D join two units of account, the victim E, one unit of account, and one unit of account, and the victim F join the account. From that time until March 7, 2014, the Defendant received payment from the victims in total of KRW 22 million, as shown in the separate list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (out of case G telephone investigation), a report on investigation (out of case H telephone investigation), and a report on investigation (out of case I telephone investigation);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Criminal Procedure Act is that the crime is not likely to be committed by deceiving a number of money from victims over several times during a period equal to a year.

However, all of the criminal facts of this case are recognized by the defendant.

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