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(영문) 서울동부지방법원 2015.07.06 2015고단890
사기
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A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On April 1, 2015, the Defendant was sentenced to three years of imprisonment for fraud at the Seoul Eastern District Court, and appealed, and is currently pending trial.

The Defendant was a person who actually operated the F Licensed Real Estate Agent Office in Gangdong-gu, Seoul. Since 2003, the Defendant continuously borrowed money from other persons or received loans from other persons, and made an investment in real estate, such as reconstruction apartment, and thus became liable for the debt, which became impossible to recover it, and since 2006, the Defendant paid off the debt by the so-called repayment that prevents another person from having borrowed money from other persons.

Even if the Defendant organized the number system based on the above circumstances, the Defendant did not have any intent or ability to operate the system normally, as it is necessary to use the fraternity paid by the members for the repayment of his/her obligation.

Nevertheless, on January 5, 2007, at the defendant's house located in Gangdong-gu Seoul Metropolitan Government S apartment 502 Dong 1001, the defendant entered the 21 unit of the old unit in which 30 million won is paid to the victim T on January 5, 2007, the defendant made a false statement to the effect that the defendant would pay the fraternitys every month in 1.5 million won on the 5th unit and pay the fraternitys 30 million won and interest by receiving the fraternity payments from the remaining members of the fraternity.

The Defendant, in turn, obtained a total of 28.5 million won (19 minutes) over 18 times until July 7, 2008, as well as the receipt of KRW 1.5 million under the pretext of the deposit money, by allowing the victim to join an 20 knife Nos. 20 and one unit.

Summary of Evidence

1. Partial statement of the defendant;

1. T legal statement of the witness;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. An interrogation protocol of the police officer against U;

1. The police statement concerning T;

1. A detailed statement of payment of fraternity dues and a copy of each bankbook;

1. Ascertainment of the progress of fraudulent cases related to the suspect in the investigation report, and confirmation of the progress.

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