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(영문) 서울중앙지방법원 2016.09.09 2014고합674

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The defendant shall dismiss the application filed by the applicant for compensation.

Reasons

1. The Defendant charged with the instant charges is a leader who operated a fraternity in Gangnam-gu Seoul Metropolitan Government.

【2014 Gohap 674】

A. On April 7, 2011, the Defendant against the victim L is the victim L (name P after the opening of the name) in the O restaurant located near the N Station located in Seocho-gu Seoul Metropolitan Government, and the “in this case the property in this case is ten billion won or more.”

When joining a organized fraternity, he/she may prepare money, not pay taxes, and if necessary, he/she may be free from paying taxes.

Ma. Ma. Ma. The members of the fraternity are all people with a large amount of money, and there is no person who is paying or not paying the fraternity, and rather, there is a concern about not paying the fraternity in order to keep the fraternity in order of one another.

In addition, there is no concern that the establishment of the collateral security will be broken to the middle by setting up the collateral security to the real estate that brought to the members of the fraternity by taking the collateral for the members of the fraternity.

“False speech was made to the effect that it was “.”

However, the Defendant’s financial status was not good, such as repeating a return out of money coming from another fraternity, and there was no intention or ability to liquidate the money normally or at the time of the strike, even though there was approximately KRW 30-4 billion claims against the members of the fraternity who received the fraternity from around 2001 to around 2010, the Defendant continued to operate the fraternity without being paid due to the locking, etc., and the Defendant continued to run the fraternity. Since there were many cases where the Defendant did not receive the collateral from the person who received the fraternity from the person who received the fraternity in priority, it was difficult to recover the amount of the fraternity. Therefore, there was no intention or ability to compensate for the amount of the fraternity normally or at the time of strike.

As such, the Defendant, as described in the part of the List of Crimes (1) in the annexed Table, by deceiving the victim as such, and from April 7, 201 to December 27, 2012, the Defendant totaling KRW 38.5 million from around April 7, 2011 to around December 27, 2012.