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(영문) 인천지방법원 부천지원 2017.02.16 2016고단2968
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who, without any specific revenue, has operated the number fraternity (21 persons including the fraternity shall pay 50,000 won per month to the fraternity, but the month in which the fraternity is paid shall not be paid, by adding 100,000 won per month from the month following the month in which the fraternity is paid, and 500,000 won per month shall be paid in the first month, and 100,000 won per month shall not be added to 100,000 won thereafter). Since from around 2013, due to excessive debts, the defendant used the fraternity paid by the fraternity for the purpose of paying individual principal and interest, instead of using the fraternity paid by the previous number fraternity for the purpose of paying the principal and interest, there was no ability to receive the fraternity from the plaintiff at the time of promising the previous fraternity even if he had already received the fraternity from the plaintiff around 2014.

1. The crime of acquiring money through deception;

A. On January 17, 2014, the Defendant, at a D cafeteria located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul on January 17, 2014, concealed the above circumstances, and paid KRW 21,00,00 to the number system operated by the Defendant and KRW 50,000,000 from the receipt of a map. The Defendant would be able to withdraw from time to time the amount of KRW 10,000,000 of the map when a series of times took place.

“Along with the false statement, the member received KRW 3 million from the victim E (6) and KRW 500,000 from the victim F (1 unit) as each payment for 17 months from May 17, 2015, and received KRW 5320,000 in total from the victim E, and KRW 8.5 million in total from the victim F, respectively, and paid to the victim E only KRW 20,80,000 in total, and KRW 505,000 in total, from the victim E, for 17 months from May 17, 2015.

Accordingly, the defendant is KRW 32.4 million from the victim E, and KRW 3.45 million from the victim F.

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