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(영문) 서울남부지방법원 2014.10.23 2014고단149
사기
Text

A defendant shall be punished by imprisonment for one year.

However, 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. Around June 2011, the Defendant was guilty of the Defendant’s accounting payment to the Victim F, Victim G, and Victim H, with the Defendant’s home located in Geumcheon-gu Seoul Metropolitan Government I, 506 dong 301, and 301, stating that “In-house mother will join the Plaintiff’s fraternity where her mother is a leading person. There are 26 old accounts, and monthly accounting payment is KRW 400,000,000.”

However, in fact, the above fraternity was not the mother of the defendant, but the above fraternity was 26, but only 11 members have been secured. At the time, the defendant had the intention to use the payment for the defendant's living expenses, etc. without certain income, and even if he received the payment from the victims, he did not have the intention or ability to pay the payment for the victims normally.

Ultimately, the Defendant: (a) induced victims; (b) received a total of 8.8 million won from the victim F to March 7, 2013, as indicated in attached Table 1-22, from June 7, 2011 to from June 7, 2013; (c) received from the victim G a total of 8.8 million won from June 5, 2011 to March 6, 2013 as shown in attached Table 1-44; and (d) received from the victim H a total of 1.8 million won from June 5, 2011 to March 6, 2013, and received from the victim H a total of 8.8 million won from June 8, 2011 to March 7, 2013 as stated in attached Table 1-66.

2. Around February 2012, the Defendant was at the Defendant’s shop located in Geumcheon-gu Seoul Metropolitan Government K, saying, “The Defendant would be able to make a special investment by his mother only to engage in the sales business. If 20 million won is invested, 500,000 won per month would be paid as interest, and the principal will be returned at any time if her fests are given prior to a month.”

However, in fact, the mother of the defendant did not engage in the sale business and at that time the defendant.

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