beta
(영문) 창원지방법원 통영지원 2020.03.27 2019고단1273

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall pay 37,280,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

"2019 Highest 1273"

1. On August 28, 2017, the defrauded of the borrowed money: “E operated by the victim D” in Tong Young-si, Dong Young-si, Dong Young-si; “If the victim lends the victim KRW 10 million, the principal shall be paid in 180,000 per month; and if necessary, the principal shall be paid immediately.

However, at the time of fact, the Defendant did not have any occupation or income other than operating the fraternity, and the financial situation has deteriorated due to accumulation of the obligation to pay the fraternity to the fraternity members, and not only led to the operation of so-called so-called “defluence” system by paying the fraternitys with the borrowed money, so even if the funds to be returned are short of the funds to the victim, the Defendant did not have any intent or ability to repay the funds. As above, the Defendant received the victim’s false statement from the victim to the F (G) account in the name of the Defendant for the same day, and from around that time until April 3, 2019, the Defendant received KRW 65 million by deceiving the victims by the same method five times in total, as indicated in the attached Table 1, and received KRW 100,000,000 from the victim to April 13, 2019, the Defendant received property from the victims and received KRW 100,000,000 from the apartment account No. 2313, Apr. 13, 2019.

However, at the time of fact, the Defendant was operating the so-called “hicker,” which is paid to the existing fraternity by means of a deposit or personal loan received from a new fraternity, and was not in a situation where he/she is operating a normal fraternity, such as who is accurately the members of the fraternity operated by him/her and how he/she is aware of how he/she is paying the fraternity, and how he/she is paying the fraternity, and thus, he/she is under the name of the victim as a deposit.