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(영문) 서울서부지방법원 2014.05.30 2014고단624
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

All applications filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Criminal Power] On June 28, 2012, the Defendant was sentenced to six months of imprisonment for fraud and two years of suspended execution at the Seoul Western District Court, which became final and conclusive on July 6, 2012, and is currently under suspended execution.

【Criminal Facts】

1. On April 201, the criminal defendant against the victim F made a false statement to the victim F at the “H” restaurant operated by the Defendant located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, to the victim F, that “The amount of money short of the money to have the cafeteria operating funds and to marry the children.” On the other hand, the victim F would be paid 3% interest per month until November 201 and repaid the money.”

However, in fact, the defendant was thought to use his personal debt as a repayment, such as paying interest on the financial rights of the defendant by lending money from the victim, or paying the fraternity to the members, and there was no intention or ability to pay the interest and the principal by the date of the promise of the victim.

As above, the Defendant, upon receiving a total of KRW 35 million, by deceiving the victim and receiving KRW 10 million from the victim on April 201, 201, in total, KRW 15 million from the end of April 201, and KRW 15 million from the beginning of April 201, and KRW 35 million from the first police officer on May 201, respectively.

2. On May 24, 2010, the criminal defendant against the victim E thought that the victim E would organize the number system consisting of 21 persons at the place referred to in paragraph (1) at the time of May 24, 2010, and would allow the victim E to take the accounts of 10,000 won per one unit at the designated date.

The phrase “the meaning was false.”

However, from around 2001, the Defendant operated a system in an irregular manner, such as paying guidance money, because the members of the fraternity fail to pay guidance money normally, and the Defendant is obliged to receive guidance money from the victim and pay it as guidance money from another fraternity (the need to prevent the return of the money), so the Defendant is operating a normal system by receiving guidance money from the members of the fraternity such as the victim.

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