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(영문) 부산지방법원 동부지원 2012.11.15 2012고단3383
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

In operating Busan Shipping Daegu Buss, the Defendant organized and operated a successful bid system in the order that he received monthly payments from adjoining residents for about 35 years ago and received monthly payments from the members of the fraternity. On May 23, 2010, the Defendant stated that “Bus” in the above “Bus” states, “The Defendant would pay KRW 10 million when he re-enters the fraternity and pays the normal fraternity payments to the victims C who were known to ordinary people.” However, the Defendant joined the fraternity in the name of the land in order that he would pay the amount of the previous fraternity in lieu of paying the amount of the fraternity, and it was difficult for the Defendant to operate the fraternity to prevent the payment of the fraternity payments to the extent that it would be difficult for him from 30 years to 38,000,000 won by taking account of the fact that the Defendant joined the fraternity in the name of the land in which he was operating the previous fraternity and paid it in lieu of paying it.

Therefore, even if the victim joined the above fraternity and paid the fraternity normally, the defendant did not have the intention or ability to pay the fraternity normally to the victim.

Nevertheless, the Defendant, as seen above, received a total of KRW 8,648,000 from June 1, 2010, from around 365,000 to around 24 times from around May 28, 2012, by deceiving the victim and receiving KRW 365,00 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

2. Each police statement concerning C;

3. Application of Acts and subordinate statutes securing details of transactions;

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

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