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(영문) 서울중앙지방법원 2014.09.17 2013고단7982
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On January 201, 201, the Defendant, “one unit of KRW 200,000,000,000 won, KRW 5 million, and KRW 26,000,00,000,000,000,000 won,” said, the Defendant stated that “The Defendant would neglect the Defendant at the time of the Defendant’s 200,000,000 won for one unit, and 26,000,000 won for 5,000,000,000 won for each month.”

However, in fact, the defendant has no particular income or property, and the defendant has failed to pay the fraternity to the members of the previous fraternity operated in time, even if he newly organized the fraternity and received the fraternity payment, he only thought that he would use the previous fraternity payment considerably, and there was no intention or ability to pay the fraternity normally to the newly organized members.

On January 27, 2011, the Defendant received KRW 200,000 from the victim D, from that time, KRW 4.6 million from that time to January 2012, including the transfer of KRW 200,000 in the name of the national bank account (J) in the name of the Defendant’s father I.

The Defendant, by the same method, received KRW 5.6 million from the victim G from March 24, 2011 to May 24, 2012, and KRW 3.2 million from the victim F from January 31, 201 to August 25, 2012, respectively.

Accordingly, the defendant was given property by deceiving the victim D, G, and F.

2. The Defendant, “one unit of 2.5 million won, five million won in the fraternity, and twenty-one in the fraternity,” saying that the Defendant, within the “L” office of the victim’s operation in Sung-nam-si, Sinnam-si, Y, Y, “2.5 million won in the one unit, 2.5 million won in the one unit, 21, and 5 million won in the guidance.” The Defendant said to the effect that “on June 2012, the Defendant will neglect the guidance upon the payment of KRW 2.5 million in each month.”

However, the defendant has no particular income or property, and the members of the fraternity mentioned in Paragraph 1 do not pay the fraternity in time. However, the defendant has some of the fraternitys received from the members.

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