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(영문) 서울남부지방법원 2020.02.19 2018고단6395
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Around September 10, 2016, the Defendant: (a) around September 10, 2016, at Gwanak-gu, Seoul Special Metropolitan City, the number fraternity operated by the Victim C (the amount to be paid per unit is at least 50,000,000 won, which shall be at least 50,000 won; (b) the amount to be paid per unit shall be gradually increased, and the amount to be paid per unit shall be at least 1,00,000 won before the receipt of the fraternity; and (c) the amount to be paid per month shall be at least 1,20,000 won before the receipt of the fraternity and KRW 51,00,00 won after the receipt of the fraternity, which shall be at least 51,00,000 won); and (d) the amount to be paid last three old accounts (the scheduled date of payment at least 50,000,000 won, which shall be at least 23 old accounts shall be paid later).

However, the Defendant, at the time of joining the said fraternity, did not reach the amount of the fraternity that should be paid every month because the income from the relationship that was not well operated by the principal does not reach the amount of KRW 2,00,000,000. Separately, the Defendant was liable for liability exceeding KRW 80,000,000,000, and the Defendant was required to pay the fraternity separately from the guidance operated by the victim to pay the debts. On the other hand, the Defendant continued to pay the other urgent debt through the fraternity paid by the victim, and on the other hand, the Defendant did not have any intent or ability to pay the fraternity on the designated date until the fraternity ends even if he received the fraternity from the victim.

Nevertheless, the Defendant, as above, deceiving the victim and deceiving him/her as to the above seven old accounts from the victim, and as to the above seven old accounts, KRW 28 million on October 28, 2016, KRW 308 million on March 10, 2017, KRW 50,80 million on the aggregate, and KRW 20 million on December 7, 2016, KRW 20 million on the old accounts of the said twenty-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three-three, and KRW 10 million on March 20, 201, and on September 21, 2017.

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