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(영문) 서울북부지방법원 2015.11.12 2015고단95
사기
Text

The accused shall dismiss an application for remedy by the applicant for remedy of innocence.

Reasons

Summary of Facts charged

1. On July 13, 201, at E stores located in Jung-gu Seoul Metropolitan Government, the Defendant organized the guidance money of KRW 30 million, monthly deposit money of KRW 1 million per unit, KRW 30 million per unit, and KRW 30,000 per unit (hereinafter “instant No. 1”), and made a false statement as if the Defendant would pay guidance money to the victim C when paying it to the victim C.

However, in fact, the defendant had a debt equivalent to the above investment amount because he had invested KRW 150 million at the time, but failed to recover it, and even if he has received the payment from the members of the fraternity, he did not have an intention or ability to pay the payment normally to the designated members of the fraternity.

As such, the Defendant, by deceiving the victim, had the victim join as the fraternity of five old units, and received KRW 125 million from around that time to July 13, 2013 as the deposit money, and acquired it by deception.

2. On November 13, 201, at the same place as before and after the preceding paragraph, the Defendant stated that there are 30 million won per annum, 100,000 won per annum of monthly deposit, 30,000 won per unit, and 20 facts charged in the Gu account. However, in light of the fact that the amount of the accounts exceeds 30 million won and other evidence, it is obvious that 20 former accounts are 30,000,000 and 30 of the former accounts.

After organizing the number fraternity (hereinafter “instant No. 2”), a false statement was made as if the victim C would pay the fraternity to the victim C.

However, as above, even if the defendant received the payment from the fraternity, he did not have any intention or ability to pay the payment normally to the fraternity designated by the sequence.

The Defendant, as such, deceiving the victim, let the victim join as a member of the fraternity of one unit, and from that time until June 13, 2013.

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