(영문) 서울동부지방법원 2015.04.30 2014고단4020

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(영문) 서울동부지방법원 2015.04.30 2014고단4020

사기

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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[2014 Highest 4020]

1. The Defendant was a successful bidder operated by the victim C.

around January 3, 2007, the defendant joined five successful bid accounts (three-day) operated by the victim at the home of the victim located in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) and joined the same year.

8. Around 15. Around 15.15. Around the 15.m. successful bid (15.m.), five accounts were opened and paid in a normal manner, and received 3 times from the said 3-day period until the end of 2007 and 15.m. from the said 15-day period.

(A) At early 2008, the Defendant paid the Defendant’s personal money to the members who won the successful tender because some of the members of the other successful bidders who operated by the Defendant did not pay the advance payment. A multi-stage company in which the Defendant invested was unable to recover the amount of investment with the network, and as a result, the Defendant was able to receive the advance payment of the successful bid price at an early stage and pay the advance payment to the members of the fraternity operated by the Defendant.

On January 15, 2008, the Defendant stated that “The Defendant would pay the entire amount of the paid-in capital without a mold for the remaining remaining period of time” to the victim at the victim’s residence.

However, even if the defendant is awarded a successful bid, the defendant did not have any intention or ability to pay to the complainant for the remaining period of 4 million won (not less than 2 years) for a total of 6,400,000 won (not less than 6,400,000 won per month after opening an additional six accounts from April 25, 2008).

Nevertheless, the Defendant received KRW 15,20,000,000 from the victim for the 15-day successful bid price, and received KRW 6,29,000,000 each over four times as shown in the list of crimes as follows.

Accordingly, the defendant was granted property by deceiving the victim.

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