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(영문) 서울중앙지방법원 2015.01.20 2014고단8237
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 21, 2013, the Defendant was sentenced to a suspended sentence of imprisonment for four months at the Seoul Central District Court for fraud, and the judgment became final and conclusive on August 29, 2013.

On October 17, 2008, the Defendant stated to the effect that “The Defendant would pay the fraternity when he gets awarded a prize in the event of a successful bid for a total amount of KRW 16,000,000,000 which is paid every seven days by joining the time limit for a set of contract in the time limit operated by the Defendant in the vicinity of the building in Gwanak-gu Seoul Special Metropolitan City.”

However, in fact, the Defendant operated the 150 community from around 2006 to 150 community, and the members of the community continued to organize a community in order to cover unpaid community payments, and operated the community with the “one-time community” system, such as paying mutual aid money to the members of the community newly organized and organized by the members of the community in order to pay unpaid community payments.

In addition, the defendant did not have the intention or ability to pay a mutual aid to the members in a normal manner without continuously organizing a mutual aid scheme, such as that the mutual aid payment to be paid by him is up to 30 million won per week.

Nevertheless, as above, the Defendant, by deceiving the victim as above, and received 8,278,000 won from October 17, 2008 to January 23, 2009 on 15 occasions from around October 2009 to around January 12, 2009, and acquired 26,404,000 won in total as the deposit money as shown in the attached crime list, by obtaining it from the victim as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of suspect interrogation of the accused by the prosecution (the accused acknowledged that there was no way for other members of the existing community to pay the amount to the injured party in an ordinary way unless they receive the unpaid amount or make a new amount of guidance without converting it into the use of the newly introduced community);

1. Statement made to D by the police;

1. A copy of the book; and

1. Previous convictions in judgment: Application of criminal records and criminal defendant's statutory statement statutes;

1. Criminal facts;

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