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(영문) 대전지방법원 공주지원 2016.09.23 2016고단50

사기

Text

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, the fraud against the victim C is acquitted.

Reasons

Punishment of the crime

From November 7, 2002, the Defendant operated E in Cheongyang-gun, Chungcheongnam-gun, Chungcheongnam-do, and organized the knife system, successful bid system, etc. from around December 2006 to Dayang-gun, but it led to the situation in which other members of the fraternity pay the mutual aid fund and the escape is required to pay the mutual aid fund instead of the mutual aid fund due to the frequent occurrence of accidents.

In fact, the Defendant did not have the intent or ability to pay the fraternity or the repayment, even if the amount of the fraternity paid by other members around the end of 2010 reaches KRW 440,00,000 and the amount of the debt borrowed from the creditors, such as C, reaches KRW 50,000,000, and receive the money from the other persons as the fraternity or the repayment.

Nevertheless, the Defendant borrowed money from the 3-6 division interest per month to the 3-6 division interest, and returned to the 3-month interest time to pay the money, and again, the Defendant borrowed money from the 3-month interest rate, organized a new system, and repaid the advance interest from the 19-month interest to the 3-6 division interest, etc.

1. Accounting fraud;

A. On September 10, 2012, the Defendant, on September 10, 2012, concluded that “Around September 10, 2012, the Defendant would make a false statement to the effect that “If the Defendant was scheduled to operate a successful bid for a fake package of KRW 80 million comprised of KRW 28 and KRW 33,000,000,000,000,000,000,000,000,000 won, the Defendant would make the payment in the order of winning the contract upon joining as a fraternity.”

However, in light of the above, the Defendant: (a) was so-called so-called “the prohibition of returning” in excess of the obligation; (b) even if receiving the payment from the injured party, the Defendant did not have the intent or ability to pay the fraternity normally; (c) also, (d) manipulating the order of successful bid by preparing for several pages the “sum payment (payment with interest rates)” of high interest rates; and (d) did not intend to operate a normal system, such as receiving the fraternity through several times of Defendant mixeds.

Accordingly, the defendant deceivings the victim and belongs to it.