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(영문) 서울중앙지방법원 2019.05.16 2017고단9004
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Each application for compensation filed by an applicant is dismissed.

Reasons

Punishment of the crime

1. The Defendant is a leader who operates a successful bid system of “F” in D, while operating a Chinese-style hall with the trade name “E” in Gangnam-gu Seoul Metropolitan Government D.

2. Criminal facts;

A. Around March 20, 2016, the criminal defendant against the victim C made a false statement to the victim C, who received the introduction of other guidances from the above E, and “it is possible to pay the time-to-face premium by joining the F System.”

However, from January 2016, even if the Defendant received the payment from the victim due to the difficulties in the operation of another fraternity operated by the Defendant, the Defendant was willing to pay the said payment in the form of another fraternity, and there was no intent or ability to pay the victim the payment of the payment at maturity.

Nevertheless, as seen above, the Defendant: (a) by deceiving the victim; (b) had the victim enter the contract for the successful bid of KRW 5 million; (c) KRW 50 million; (d) one for the successful bid of the time limit starting from April 25, 2016; and (e) one for the successful bid of KRW 100 million for the time limit starting from July 18, 2016; and (e) received KRW 5 million from the time the Defendant was transferred to the Industrial Bank of Korea account (H number) in the name of G, his father, to October 18, 2016; and (b) received KRW 130,3150,000 or KRW 3150,000,000 from the time the Defendant was transferred to the Defendant’s bank account (H number) in the name of the Defendant’s father until October 18, 2016, as indicated in the attached Table of Crimes (1).

B. Around May 27, 2016, the Defendant, against the victim B, made a false statement to the victim B, who received the introduction of another fraternity member from the above E, and “it is possible to pay the time limit deposit upon joining the F System.”

However, in fact, even if the Defendant received an advance payment from the victim due to the difficulties in the operation of another fraternity operated by the Defendant from January 2016, the Defendant intended to pay the advance payment from the victim to another fraternity, and had the intent to pay the advance payment to the victim at maturity.

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