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(영문) 제주지방법원 2015.07.23 2015고단737

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. Fraud of loans;

A. On May 14, 2014, the Defendant stated that the Defendant’s personal debt amounted to KRW 100 million, and that the monthly income was merely KRW 100,000,000, and even if the Defendant borrowed money from the victim C, he/she did not have any intent or ability to pay the money properly, he/she would pay the money only one month if he/she borrowed money to C.

Accordingly, the Defendant received from C a total of KRW 6.57 million on May 14, 2014, KRW 4.8 million on May 14, 2014, KRW 1 million on May 21, 2014, and KRW 770,000 on June 27, 2014.

B. On July 22, 2014, the Defendant stated that “The Defendant’s personal obligation was KRW 100 million, and monthly income was merely KRW 1 million and did not have any intent or ability to repay the money properly from the victim D even if he/she borrowed money from the victim D, and, notwithstanding that he/she did not intend to use the borrowed money for the payment of the fraternity, the Defendant borrowed money to D.”

Accordingly, the Defendant received from D a total of KRW 18 million, including KRW 10 million on July 22, 2014, and KRW 8 million on August 29, 2014, and acquired it by fraud.

2. Fraud of fraternity money;

A. On July 2014, the Defendant with respect to KRW 20,000,000, organized and operated the 20,000 foot number system for KRW 15,000,00,000, in the foregoing place.

In fact, the Defendant has reached KRW 100,000,000, monthly income was limited to KRW 1,000,000, and the Defendant joined the 1st unit of the above fraternity and used the 20,000,000 won in advance to pay the personal debt. The Defendant decided to offset the interest on the money borrowed from the victim D and C as the deposit amount, and eventually, the Defendant was liable to pay KRW 3,740,00,000 as the monthly deposit amount. However, the Defendant did not have economic ability to pay it, even if he received the deposit from the victim E, F, C, and D.