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(영문) 서울동부지방법원 2014.07.17 2014고단1451
사기
Text

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

Reasons

Punishment of the crime

Since 2005, the Defendant operated the system by the so-called return prevention method, such as the accumulation of debt from around 2005, and the medical expenses incurred from the son's cancer in 2008, the husband had much economic debt, such as gambling after marriage, making a hot amount of living expenses, and the husband has operated several numbers of households without any particular property, and the agreement was made to pay the fraternity money by lending money due to the shortage of operating funds, or to additionally pay the fraternity money to be paid by the next sequence.

1. Fraud of the victim T;

A. A. Around October 2006, the Defendant made a false statement to the victim T in N located in Seongdong-gu Seoul Metropolitan Government, stating that “If he/she takes up an internal organization system and pays 400,000 won per month, he/she will provide the time limit money.”

However, even if the Defendant organized the number system as above, the Defendant did not have the ability to operate the system normally and provide the members with the time limit.

The Defendant received a total of KRW 10 million from the victim to November 30, 2008 under the pretext of guidance.

Accordingly, the defendant acquired property by deceiving the victim.

B. Around December 30, 2008, the Defendant concluded that, at the heading branch of the Kuho-dong, Seongdong-gu, Seoul, the Defendant would lend the victim with “I will pay the amount of KRW 5 million if I want to pay the amount.”

However, even if the defendant borrowed money from the victim, he did not have the ability to repay it.

The Defendant received 5 million won from the victim, i.e., the victim.

Accordingly, the defendant acquired property by deceiving the victim.

2. Around March 2007, the Defendant made a false statement to the victim T, D, U,V, and W that “If he/she subscribed to the 16-day limit organized within Seongdong-gu Seoul Metropolitan Government M and paid KRW 400,000 per month, he/she will provide an extended amount to the victim”.

However, the defendant is normally organized the number system as above.

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