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(영문) 서울북부지방법원 2014.11.21 2014고단1892
사기
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A defendant shall be punished by imprisonment for six months.

except that 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

On February 20, 2012, the Defendant subscribed the victim C to the non-displaceable restaurant located in Dongdaemun-gu Seoul Metropolitan Government, stating, “If the Defendant joined this time as a fraternity of KRW 100 million, then he would pay the fraternity monthly deposit amount of KRW 5,00,000,000 for each month without a mold,” and joined the 5th class in the number fraternity of KRW 20,000,000.

In fact, there was no special property, and even the restaurant operated did not have the intention or ability to pay 5 million won each month, even if the victim joined the number fraternity operated by the victim and received the fraternity without paying the benefits to the employees due to the poor business.

The Defendant, as such, deceiving the victim to the same damage.

6. 21. The Defendant received a total of KRW 40 million from July 24, 2012 from the time to July 24, 2012, including the Defendant’s receipt of KRW 85,34,00,000,000 from the time to the Defendant’s one bank account, as indicated in the attached List of Offenses.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on the roll of members of the fraternity and detailed statement of transactions of each passbook;

1. Article 347 (1) of the Criminal Act by combining relevant provisions concerning the facts constituting an offense;

1. It is so decided as per Disposition for not less than Article 62(1) of the Criminal Act (i.e., the fact that the defendant repents his mistake, that the victim does not want the punishment against the defendant by mutual consent with the victim, and that the defendant has no record of criminal punishment exceeding the fine).

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