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(영문) 광주지방법원 해남지원 2018.04.26 2018고단23
사기
Text

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

Reasons

Punishment of the crime

1. On October 5, 2014, the Defendant, by telephone, shall pay to the victim C a refund after two months from the date of lending KRW 30 million to the victim C.

Written interest of KRW 1.5 million and sent KRW 28.5 million

(C) the phrase “FIE.” was false.

However, in fact, the defendant did not have any intention or ability to repay even if he borrowed money from the injured party due to the repayment of all kinds of obligations such as the deposit.

Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 28.5 million from the victim's flood account (E) on the same day on the same day from the victim, and acquired the victim by deceptioning the total amount of KRW 190 million from January 1, 2017, including from that time through January 1, 2017.

2. On August 25, 2016, the Defendant organized the number system of the victim C’s house located in Jindo-gun F, Jindo-gunF, with the victim C, the victim G, etc., and “when paying fraternity dues, it would pay fraternity dues in the pertinent order.”

On February 26, 2017, the Defendant made a false statement to the victims that “if the victims make a deposit of the seven-time guidance, the Defendant would pay the guidance money to the members in the order of seven times, and thereafter would pay the guidance money to the victims in the order of order.”

However, the fact was that some of the members at the time was diving, and the defendant was responsible for various obligations, including the amount of 100 million won or more to the victim C, so the defendant did not have the intention or ability to operate the system normally even if he received the next amount of money seven times from the victims.

Even so, the defendant deceivings the victims as above, and he acquired KRW 12.5 million from the victim C on the same day, and acquired KRW 17.105 million from the victim G on the same day by means of the defendant's veterinary cooperation account.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement by the police in relation to C and G;

1. Application of Acts and subordinate statutes on transaction details;

1. Criminal facts;

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