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(영문) 의정부지방법원 고양지원 2017.01.26 2016고단3071
사기
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant A, the same shall apply for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The defendant A shall be a 30-month conspiracy, which is organized by F on January 2013 by means of an accounting share.

When joining the 3rd unit of the fraternity, he/she owns one unit as his/her own share, Defendant B, and G respectively, and Defendant B, who had resided in the Thailand around that time, subscribed to the remaining one unit for the victim E of Defendant B, who had been living in the Thailand from January 2013 to June 2015, he/she would pay KRW 2,620,00,000, which is the same amount as the last order of around June 2015, when he/she paid KRW 6.80,000 per month from January 2013 to June 2015, regardless of the victim's sequence.

No. 30

Accordingly, the victim joined the above 1st unit of the old system and transferred 680,000 won per month to the defendant B from January 2013 to January 1, 201, and the defendant B transferred this to the account of the financial state F around every month.

The Defendants did not separately have any money from the time of joining the said order, and thus, Defendant A paid the said order money in the first order with respect to the said order 1 unit that he/she subscribed to the said order 1 to himself/herself around January 2013, in a way that he/she borrowed money from the neighboring people and financial institutions, and in a way that prevents the money from lending money from the financial institutions. Since economic situation becomes worse on May 2014, the above order 1 unit that he/she joined as Defendant A was unable to pay the money for the said order 1 unit, as well as the above 1 unit that he/she subscribed to Defendant B and G, and the 1 unit that he/she subscribed to the victim 1 unit that he/she subscribed to the said order 1 unit, and withdrawn from the said order 1 unit, and consumed it as living expenses, etc. by receiving the money paid during the said period from Defendant F.

Since there is no certain income or property even after the Defendants have received money from others and should appropriate it for living expenses, etc., even if they receive money from the victims under the pretext of money deposit, they are the same amount as making money from the victims by the last order of the above-mentioned system.

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