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(영문) 서울중앙지방법원 2014.08.28 2014고정243
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Even if the Defendant, who organized and operated the fraternity against the four persons, received the fraternity payments from the fraternity members, the Defendant did not have any intent or ability to pay the fraternity, by operating the fraternity normally, or by borrowing the money.

Nevertheless,

1. On February 20, 2012, at the Defendant’s home located in Gangseo-gu Seoul Metropolitan Government, the Defendant made a false statement to the victim C, stating that “When the Defendant newly forms the 13-ro foot mold, with which the inside price of KRW 10,000,00,000,000,000 shall be paid in 8,500 won per two weeks, he/she shall be punished up to 3,70,000 won, and then he/she shall receive 1,40,000 won from the victim for the settlement of accounts at that time.

2. On February 29, 2012, the Defendant: (a) made a false statement to the victim on the part of the Defendant’s house, stating that “The Plaintiff shall pay to the Plaintiff KRW 425,000 for each unit of account by dividing the internal price into 13 units of account; (b) KRW 500,000 for each unit of account; and (c) KRW 500,000 for the person receiving the payment in question shall operate the number system not to pay the fraternity; and (d) KRW 500,000 for the first five million for the person boarding and leaving the fraternity, the Defendant acquired KRW 425,00 from the victim on March 2, 2012 as the payment of fraternity money.”

3. On March 7, 2012, the Defendant, at the above Defendant’s house, concluded that “B will pay KRW 6 million to B in 2.4 million each week to B, and if 35,000 won each week to B, 35,000 won will be paid to B in 2.45,000 won per week,” the Defendant received KRW 6,00,000 from the victim as the borrowed money and acquired it.

Summary of Evidence

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes No. 1 to 4 (Keeping Books)

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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 of the Criminal Act for the detention of a workhouse.

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