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(영문) 서울북부지방법원 2013.07.25 2013고단688

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

1. On April 2009, the Defendant in breach of trust is a 50,000 won per 15 million won per 500,000 won per 15 million won unit organized at “E” restaurant located in Dobong-gu Seoul Metropolitan Government, and a 13,000 won per 50,000 won per 13 million won per son organized around March 2010.

The defendant around April 200, at the above cafeteria, "E" restaurant, the victim F, "it is intending to make the world now, and if 30,000 won is paid every 50,000 won, then it shall be paid without a mold." From around that time to September 2011, the defendant shall be 15,000 won per 30,000 won per month from around 30 times until around 200,000 won, and around March 2010, the victim shall be subscribed to one more and 13,00,000 won, and 5,000,000 won shall be paid every 2,00,000 won to the victim without a mold, and 2,000,000 won shall be paid every 3,00,000 won from the victim's 2,50,000 won per month from September 19, 2011.

Nevertheless, in violation of his duties, the Defendant paid only 16040,000 won to the victim, and consumed the remaining 36960,000 won by means of the Defendant’s living expenses, insurance substitute payments, etc. at the Defendant’s dwelling.

Accordingly, the Defendant acquired the above-paid proprietary benefits of KRW 36960,00,00 and did not pay the same amount to three victims from around that time to January 2012, as shown in attached Table 1, including the acquisition of pecuniary benefits equivalent to the above-paid amount and the loss of property equivalent to the same amount to the victims.

2. Fraud.