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(영문) 서울중앙지방법원 2016.07.21 2015고단2854
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged in the instant case is that the Defendant organized the number system of 26 old accounts in which the sum of KRW 50 million in principal and interest KRW 11.5 million in the event that the Defendant paid KRW 25 million in each month of May 2009 and KRW 50 million in each month.

The Defendant, from May 2009 to June 201, at “E” restaurant operated by the Defendant located in Mapo-gu Seoul Metropolitan Government D, and the Defendant, as seen above, obtained KRW 50,000,000 as a sum of the amounts paid each month as if the said fraternity was operated normally, without notifying the victim F of the fact that the Defendant was unable to receive a proper guidance from the members of the 10th degree of the number fraternity, while operating the fraternity, and did not actually receive a regular guidance from the members of the 10th degree of the 10th degree of the number fraternity.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the Defendant by deceiving the victim and by deceiving the victim.

It cannot be determined otherwise, and there is no evidence to recognize it.

① From May 2009 to June 201, the Defendant operated an 26 dynamic system composed of total accounts from around 2009 to June 201, and was paid KRW 2 million each month from the injured party during the said period. The Defendant did not have an intention or ability to organize and operate an ordinary system in a normal manner.

there is no clear evidence to prove that there is no evidence.

② The facts charged in the instant case reveal that: (a) even though the Defendant had no intention or ability to maintain a normal system because it was unable to receive a mutual aid payment from other members of the community while operating the community, it constitutes fraud, and thus, (b) even if it was based on the facts charged itself, fraud is not established against the whole mutual aid payment that the Defendant received from the damaged from May 2009 to June 201.

(3) The injured party shall F.

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