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(영문) 수원지방법원 평택지원 2015.10.16 2015고단750
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On September 20, 2012, the Defendant: (a) made a false statement to the victim O and the victim P (26 unit numbers beginning on September 20, 2012 and ending on November 20, 2014; (b) that “If the Defendant subscribed to the above unit number system and paid the unit amount, he/she will take over KRW 30 million as set back by the sequence.” (c) The victimO will take over the class (600,000 won in monthly payment, No. 20,000 won, and No. 20); and (d) the victim P will take over two unit units (No. 240,000 won in monthly payment, No. 2422 and 23).

However, the defendant did not have any intent or ability to pay a mutual aid to the victims even if he received a mutual aid payment from the victims, such as by opening a mutual aid account of about KRW 4 million and six of the total 26 old accounts and by paying a mutual aid payment of KRW 7.2 million per month, due to gambling, etc.

As such, the Defendant, by deceiving the victims, received KRW 60,00,000 from the victim P to December 20, 2013, totaling KRW 9,60,000 from September 20, 2012 to December 20, 2013, and acquired KRW 38,40,000 from the victim P over 16 times a month from September 20, 2012 to December 20, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement onO or P;

1. A list of members of the fraternity, a changed list of members of the fraternity, and a list of transactions of ordinary deposits;

1. Application of Acts and subordinate statutes to each investigation report (to attach a written confirmation of the result of transfer by a complainant, to report on the place of receipt of time deposits, and to telephone communications of guidance personnel);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent offenders, the reasons for the sentencing guidelines under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shall apply [the scope of recommending punishment] to the general fraud [the scope of recommending punishment]. The decision of sentencing that there is no basic area (6 to 100 million won) (6 months from June to June) (special person] is the facts charged in this case.

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