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(영문) 부산지방법원 2015.04.23 2014고단8489
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around July 7, 2011, the Defendant, along with the husband C, is a person who has joined the successful bid system of KRW 16,000,000 per unit, KRW 21,500,000,000,000 won per unit, and KRW 30,000,000,000 won.

The award price was the method that members equally share and pay the successful bid price (the amount obtained by deducting the successful bid interest amount from the total amount of KRW 30 million) of the class members with the maximum interest that can be deducted each person by raising the maximum interest at the time of the time designated each month.

On the other hand, the Defendant and C did not have any particular property or income, and the Defendant had borne the obligation of KRW 15 million with D, as well as the Defendant joined the contract for the 20 million won fake bid operated by E, and the Defendant and C did not have the ability to operate the bid system properly because they did not have the intent or ability to normally pay KRW 2 million or KRW 4.5 million with the total amount of the time limit for the above 3rd unit.

Nevertheless, on July 7, 2011, the Defendant, in collusion with the above C, told the Victim F to the effect that “The Defendant would pay an advance payment without a mold, by joining one unit of fraternity, and being awarded a successful bid for each month,” and then, he received KRW 1.5 million on the same day from the victim as an advance payment, and acquired it from the victim as well as from May 7, 2012, by receiving KRW 4,350,000 from the total five victims on 11 occasions as indicated in the attached list of crimes from May 7, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F, G, and H;

1. A copy of the accounting books, a copy of the account books, and a criminal investigation report (No. 27, 32 No. 1);

1. Although the defendant alleged that he had no intention to obtain fraud, the defendant was in full view of the financial status of the defendant at the time of operating the successful bid system, the money that the defendant should pay to the principal and another successful bid, and the defendant's experience in operating the successful bid system.

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