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(영문) 서울중앙지방법원 2016.04.07 2016고정317
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant was a leader that operated a dtel 1103 around the C Station located in Gwanak-gu in Seoul Special Metropolitan City.

In fact, the Defendant had no intention or ability to reduce the amount of money normally promised even if he/she received the money from the victims in a situation where he/she operated several accounts while operating at least 10 fraternitys from March 2010, when he/she was unable to receive the money from the members of the fraternity, or appropriated the money from another fraternity for the prevention of return.

From November 2010 to March 8, 2011, the Defendant received KRW 4,113,00 won in total over 10 times, as shown in the attached Table 1 of the Crime List, from around 2011, from the victim E, for the following reasons: (a) while the Defendant operated the two joint bid of KRW 5,00,00,00,000, which is composed of 10 members of the fraternity in the above D Office; and (b) “The Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine, Doctrine,” the Defendant received KRW 500,00,000 from the victim.

In September 2010, the Defendant was operating a 20 million won number of 16 members of the fraternity at the above place around September 2010, the Defendant would normally put the victim F with the payment of the 20 million won mold.

“Falsely speaking,” and then, he received total of KRW 14,864,00 from around September 30, 201 to around February 18, 201, total amount of KRW 14,864,000 from around that time to around September 30, 201, including receiving KRW 134,00 from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by each police officer of the E and F;

1. Application of each statute on filing of a complaint;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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