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(영문) 서울중앙지방법원 2013.12.11 2013고단6360
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. The facts of the fraud related to the fraternity are as follows: while the defendant operated a large number of accounts as a fraternity, the defendant had no intention or ability to recruit additional members and to pay the fraternity normally, even if he received the fraternity from the fraternity members, even if he did not have any special revenue or property, even if he did not have any intention or ability to pay the fraternity normally as promised to the fraternity members even if he did not receive the fraternity from the fraternity members.

Nevertheless, around February 29, 2008, the Defendant recruited the victim C, etc. as a fraternity in a mutually influent restaurant located in the Dongjak-gu Seoul Metropolitan Government New Twitdong, and, upon entering C, etc., the Defendant was transferred from C to a new bank account in the name of the Defendant on the same day under the name of the Defendant to pay KRW 400,000,000,0000,000 in total. The person who received the transferred money would receive KRW 10,000,000 in total,000 in total, and KRW 10,000,000 in total,000 in total,000 in total, prior to the settlement of the transferred money.

In addition, from around that time to March 26, 2010, the Defendant received a total of 40 victims total of KRW 910,840 million from total of 1,360 times as shown in the attached Table 1 by the same method as above, and acquired it as a deposit money, respectively.

2. The facts of fraud related to the borrowed money are as stated in paragraph 1, even if the Defendant received money as the borrowed money from the victim D due to the fact that the Defendant incurred a debt in the process of accounting management in the absence of any special income or property.

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