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(영문) 인천지방법원 부천지원 2018.12.13 2018고단1254

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On December 25, 2015, the Defendant, “200,000 won per one unit and two old units per 500,000 won per 21 month, will be paid to the victim D of the apartment apartment B in Kimpo-si, Kimpo-si on December 25, 2015.”

“The phrase “ was false.”

However, in fact, under the circumstances where the Defendant operated the fraternity at the time, the accumulated debt was approximately KRW 200 million, and the Defendant was obliged to pay a fraternity of at least KRW 10 million every month on behalf of the fraternity members who left the fraternity due to the failure to pay the fraternity, and the Defendant was in the state of preventing the previous fraternity members from returning the fraternity payments paid by the new fraternity members, so there was no intention or ability to pay the fraternity as agreed even if the Defendant received the fraternity payments from the damaged person.

As such, the Defendant: (a) by deceiving the victim; and (b) from the end of December 2015 to the end of August 2017, 2017, by deceiving the victims, the Defendant paid the entire amount of the fraternity to KRW 10 million; (c) not paying the remainder of KRW 10 million; and (d) from May 25, 2015 to April 27, 2016, by deceiving the victims of the total of four victims on five occasions, as described in the list of crimes in Attached Table 1, and was paid the total of KRW 63 million from the victims.

"2018 Highest 2218"

1. The Defendant was working as the Heitius’s salary-making park, and from around 2006, recruited those who were engaged in the same industry and operated the fraternity. From around 2014, there was no intention or ability to pay the fraternity according to the promise, even if he received the fraternity from the victims, under the circumstances where some of the members of the fraternity failed to pay the fraternity properly, and the Defendant was obliged to pay the fraternity in lieu of the amount of money for each month.

Nevertheless, the Defendant around December 26, 2015.