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(영문) 광주지방법원 2019.08.29 2019고단2288

사기

Text

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

Reasons

Punishment of the crime

Since 2009, the Defendant had operated many lots of extracted machinery (the selection of a successful bidder as a successful bidder) against local residents. When the Defendant became unable to cope with excessive loans exceeding KRW 400 million that occurred in the course of operating the system, the Defendant subscribed the victims to the fraternity for the purpose of repaying the Defendant’s personal debt, and collected the funds from the victims for the purpose of repaying the personal debt, and used them for the repayment of the personal debt with the money, and organized the fraternity for the purpose of repaying the personal debt from the victims.

The Defendant is operating the system by means of so-called “unhurging”, such as lending a short amount of credit after he/she repaid his/her personal debt as a fraternity.

In the end, there was no intention or ability to operate the system normally from the beginning because it was a structure that makes it impossible to pay the fraternity to the subordinate or the subordinate members.

1. On November 9, 2016, the criminal defendant against the victim B refers to "A shall operate a 30 million foot extraction machine (11th day mold)" to the victim B through C, through which "A shall pay 30 million won in total in the month desired if 30 million won is paid in 10 million won per one unit of each month," and he/she received 2 million won from the victim to the D account (E) in the name of the defendant under the name of the defendant under the name of 2-on deposit, and did not pay 2 million won from that time to February 11, 2019, including where he/she received 2 million won in the attached list of crimes (the victim B, 30 million won in total) as stated in the victim list of crimes (the victim B, 30 million won in total).

2. On November 9, 2016, the Defendant against the Victim F, at the “H” clothes shop located in G in the city operated by the Defendant on November 9, 2016, the Victim F awarded a successful bid for the KRW 30 million (10 days) to the Victim F.