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(영문) 대구지방법원 2019.08.29 2019고단1610
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 21, 2018, the Defendant was sentenced to eight months of imprisonment for fraud in the Daegu District Court's Ansan-dong branch, and the judgment became final and conclusive on December 26, 2018.

1. On April 2018, the Defendant committed the crime against the victim B: (a) phone called to the victim B at a place where it is impossible to identify the place where it is unknown; and (b) provided that “If the Defendant subscribed to a cash system that pays 2.6 million won per month, he/she would pay an amount of KRW 20 million on June 21, 2018,” and the same year.

5. Around February, 200, the victim made a false statement to the effect that “In order to subscribe to the aforementioned cash system, the victim shall subscribe to two gold accounts with an amount equivalent to 400,000 won per one account, and shall be paid up to seven and eight gold accounts.”

However, as the Defendant did not properly recruit the members of the cash fraternity or the gold fraternity at the time and expected that the guidance itself was not formed and that the guidance was not operated properly in the future, the Defendant did not have the intent or ability to pay the guidance to the victim even if he received the payment from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 4.1 million from May 10, 2018 to the Agricultural Cooperative (D) account in the name of the Defendant’s management from the victim, and received KRW 4.2 million from May 10, 2018, and KRW 2.6 million from May 15, 201 to the deposit account of cash accounts, and received KRW 2.6 million from around the 21st day of the same month as the deposit account of cash accounts; and

6. Around 21.21. Around the same day, the 814,000 won was remitted to the Agricultural Cooperative Account (F) in the name of E under the pretext of a deposit of accounts.

Accordingly, the Defendant, by deceiving the victim, received a total of 4,244,00 won over four occasions.

2. On August 27, 2018, the Defendant committed the crime against the victim G made a false statement to the effect that “If he/she subscribed to a cash account that pays 1.3 million won per month by phone to the victim G at a place where the location is unknown, he/she would pay an amount of KRW 20 million per September 4, 2018.”

However, in fact, the defendant does not properly recruit the members of the cash or gold fraternity at the time.

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