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(영문) 서울북부지방법원 2018.10.17 2017고단2719
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

The defendant is a person who has organized and operated a community centering around the members of a church that he/she attended from September 2008.

1. On October 28, 2013, the Defendant made a false statement to the effect that he/she organized an old unit of 28 units with the victim C, etc. as a fraternity (hereinafter “28-day fraternity”) and that he/she would receive an old unit of 28,000 won from the old unit of 1 unit of 28,000 won from the old unit of 200,000 won, and that he/she would receive an old unit of money from the victim C, etc. in the first order, and that he/she would pay an old unit of money in order to the person who expressed his/her intention to receive an old unit of money in advance from the next sequence.

However, the defendant, using the fact that most of the members want to receive the fraternity in the order of priority after receiving the fraternity payments from the members, paid the fraternity payments to the previous members, thought to be used as living expenses, etc. monthly, and did not intend to select one fraternity and pay the fraternity fees. On July 11, 2013, the Seoul Family Foundation made a provisional attachment registration (a claim amount of KRW 6,240,000) for the above D-owned building where the above factory is located because the defendant's husband D factory operation was difficult, and there was no intention to receive the fraternity payments. On October 15, 2013, the new credit card company made a provisional attachment registration (a claim amount of KRW 5,125,055 won) around KRW 200,000,000 for the defendant's 205,000,000 won, and there was no prior attachment registration (a claim amount of KRW 5,125,0550,000).

As such, the Defendant, by deceiving the victim C as such, received KRW 1 million from the victim from October 28, 2013 to December 28, 2015, each month from the victim under the pretext of an advance payment from the victim.

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