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(영문) 서울북부지방법원 2013.05.31 2012고단3113
사기
Text

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

Reasons

Punishment of the crime

While the Defendant had resided in Jung-gu, Seoul and organized and operated a fraternity for about 30 years, the Defendant appropriated approximately KRW 100 million as the Defendant’s personal money and other accounts operated by the Defendant as the owner of the fraternity because of the failure of the fraternity to pay the fraternity properly, and subsequently, again called “probing” the same method in order to collect the transferred money as the owner of the fraternity. However, the Defendant did not have any special property or income, even if he had organized a new fraternity and received the transferred money from the members of the fraternity, the Defendant did not have any intent or ability to pay the fraternity normally.

around August 17, 2010, the Defendant would pay the amount of money to the victim E, F, G, H, I, J, K, K, L, M, N, etc. in the D cafeteria located in the Seoul Central-gu Seoul Central-gu, by 400,000 won per month before joining the 52 unit number system starting from August 17, 2010 and paying 10,000,000 won per month from August 17, 2010 to the 52 unit number system for each month, and by paying money for 50,000 won per month after receipt of money.

‘Falsely speaking, the victim E, who had the victim E join the three units, received a total of 25 million won from August 17, 2010 to March 17, 2012, and returned 12 million won to the said three units, and acquired the difference equivalent to 11,470,000 won, which is the difference, by means of the same method as indicated in the list of crimes in the attached list of crimes, from August 17, 2010 to May 17, 2012, after having the victim E join the said three units.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of suspect interrogation of the accused by the prosecution (including the respective statements written in relation to E, F, G, I, J, K, L, and M);

1. E, F, H, I, G, J, L, N.

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