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(영문) 대전지방법원 2014.06.20 2014고단234
사기
Text

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

1. On April 6, 2006, the criminal defendant against the victim C lent a 5 million won amount to the victim C (which was known to his/her husband and 75 years old) operated by the defendant in Yongsan-gu Seoul, Yongsan-gu to his/her own account in two copies of the interest.

5 million won was remitted to the single bank account (Account Number F) in the name of the defendant by stating that it is "."

In addition, the Defendant received the total amount of KRW 5 million from the victim C over six times, as shown in the attached list of crimes, from January 11, 2008, by the same method until January 11, 2008.

However, at the time of fact, the defendant was unable to pay the fraternitys received from the members of the fraternity in the course of operating the successful bid as a fraternity, and the defendant was operating the system by lending money from the victim C, etc., and there was no particular property or revenue source, and there was no intention or ability to pay the fraternitys even if he borrowed money from the victim C.

Accordingly, the defendant deceivings the victim C, which is a sum of 50 million won from the victim C.

2. Around December 2004, the Defendant against the Victim G received KRW 600,000,000 per month from the Victim G as a deposit amount from the Victim G, and received KRW 21.6 million per month from the victim G, from November 2007, by allowing the Victim G to subscribe to the successful bid system operated by the Defendant, by allowing the Victim G to pay the fraternity without a mold when it comes to an order of priority when the Defendant joined the successful bid system operated by the Defendant.

In addition, the defendant, around January 5, 2008, ordered the victim G to join the successful bid system in addition to him/her, and received KRW 200,000 from the victim G to the successful bid system operated by the defendant, and received KRW 200,000 as the name of the advance payment around February 5, 2008.

However, at the time of fact, the defendant is awarded a successful bid as a leading.

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