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(영문) 수원지방법원 안산지원 2016.02.16 2015고단546
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

From November 2012, the Defendant is a person who operated a number of KRW 10,00 won in fraternity, KRW 21,000 in monthly installments, and KRW 500,00 in monthly installments, and the victim B is a person who joined the above number of accounts No. 3 and 19 in the above number of accounts.

While operating the above number system, the increase in the number of members who did not pay monthly payments around June 2013, the Defendant: (a) could not pay the fraternity to the members of the fraternity, and even if maintaining the system, even if they were unable to pay the fraternity payments to the members of the fraternity, they could not pay the fraternity payments in a normal manner; and (b) as if the fraternity was operated normally, the Defendant deceiving the victim, and (c) was delivered KRW 5,00,000 from June 201 to April 26, 2014 to the damaged party as a monthly payment.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A written protocol concerning the examination of the prosecution and the police against the accused;

1. Each police statement protocol for B, C, D, and E;

1. Application of Acts and subordinate statutes to the details of deposits in the accounts of the complainant, the account books, contact numbers of the fraternity, and the details of transactions in the A passbook;

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

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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