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(영문) 서울중앙지방법원 2013.07.04 2012고단6372
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2012 Highest 6372] The defendant has operated a system near C.

On April 2003, the Defendant called the victim D at an unsound place, and recommended the victim D to enter the number system that is paid 300,000 won per month in the 13th month of Han-gu, one hundred and twenty million won in the last order that the fraternity ends, so the Defendant could receive 14.2 million won in the last order that the system ends.

However, when the defendant forms the above system, he/she was deceiving the victim E, F, G, and H to allocate the amount by the last sequence of each above system in addition to the above victim E, F, G, and H. Therefore, the defendant has no ability to provide the amount of money equivalent to 756 million won at a time on the date when the last sequence of the above system comes, so even if the above victim pays the amount normally for 36 months, he/she did not have the ability to pay the amount of money when the sequence of the victim came.

The Defendant was subscribed from the victim at the last sequence of the above map at around that time to subscribe to the two units of accounts from April 13, 2003 to March 13, 2006, and received 600,000 won in total from April 13, 2003 to the Defendant’s deposit account for the two preceding units of accounts each month from March 13, 2006, and subsequently acquired money from the victim D, E, G, F, and H by means of the last sequence of each of the above boundaries during the above period, as described in the list of crimes in the attached list of crimes, and acquired money by fraud.

[2013 Height575]

1. On July 30, 2004, the Defendant joined 300,000 won (400,000,000 won after receipt of the fraternity) per month organized by the victim K without any intent or ability to properly pay the fraternity, and opened 5 accounts at “30,000,000,000 won of the fraternity” around July 30, 2004, the Defendant would normally be able to pay the fraternity in full.

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