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(영문) 창원지방법원 통영지원 2014.04.25 2014고단24

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2014 Highest 24] The Defendant organized and operated a system centered on many people who came to know of in the bath from around 2007, when he was pushed in the bath called “D” in Tong Young-si.

However, around 2003, the Defendant was unable to receive cash services with 5-6 credit cards, and became bad credit holders due to the failure to repay 300-40 million won. The Defendant did not enter a proper account, and thus, did not pay money to another person, and thus, was given a debt of KRW 40 million while paying money by lending money to another person. In around 2009, the Defendant got paid money from other fraternitys and received money from other fraternitys and paid the existing debt and interest, or paid the other fraternitys.

Nevertheless, the defendant continued to be aware of a bath guest, and was willing to pay the principal and interest of the existing debt or to pay other guidances with the money received from the fraternity members.

1. Fraud to victims E;

A. On February 1, 2010, the defrauded of the borrowed money: “The Defendant borrowed KRW 50 million due to an urgent use of the money to the victim from the agricultural cooperative in the Dong-dong, Young-dong, and paid interest at a high rate of KRW 50 million to the victim; and thus, the Defendant would receive the time limit money and complete payment by February 1, 201.”

However, the defendant did not have any intention or ability to pay the money within the due date even if he borrowed the money from the victim due to the above circumstances.

The Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the Defendant’s AF’s Agricultural Account on the same day.

B. On January 201, 2010, the Defendant: (a) formed a normal system with the victim in Tong Young-si, through through through through Young-si, D; and (b) had the same attitude to pay the guidance without a mold; and (c) had the victim joined as a fraternity.