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(영문) 대구지방법원 상주지원 2014.07.22 2014고단220
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant had been operating a multiple number system as a fraternity since 2007. Around July 201, it was difficult for the Defendant to operate the fraternity due to the members of the fraternity who did not pay the fraternity properly. In order to collect the operating funds of the fraternity that became insufficient, the Defendant organized a new fraternity and paid the fraternity from the fraternity members as the fraternity of another fraternity, and operated the so-called return prevention system in a situation where it was difficult for the Defendant to operate the fraternity normally, so even if he newly organized the fraternity, he did not have any intention or ability to pay the fraternity from time to time.

Around July 20, 2011, the Defendant made a false statement to the victim E, stating that “When he/she has subscribed to the 26-gu unit, 30 million won flusor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor f

As above, the Defendant, as indicated in the annexed Table 1, received a total of KRW 27.6 million from July 20, 201 to August 20, 2013, including the Defendant, by deceiving the victim as above, and received KRW 1.2 million from July 20, 201 to around August 20, 2013.

In addition, from July 20, 201 to October 13, 2013, the Defendant received total amount of KRW 168,88 million from the total nine victims as shown in the attached crime list from July 20, 201 to October 13, 2013, respectively, and acquired them respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations on police statements of E, F, G, H, I, J, K, and L;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the facts constituting an offense (to be comprehensively applied to each victim, and to be punished by imprisonment);

1. The reason for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders [the scope of recommending punishment] is the result of adding up the basic areas (not less than KRW 100 million, less than KRW 500 million) to the basic areas (8-4 years).

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