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(영문) 서울중앙지방법원 2013.08.23 2012고단3584

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from April 2008 to May 5, 2008, operated the Gangnam-gu building E-building 503. On September 201, 201, the Defendant moved to the same building 946 to the first police officer on September 201.

The Defendant, from April 2008, organized and operated a serial system against the persons who heard and found the neighbors, etc., but since the commencement of each system, he was either unable to recruit all the fraternitys at the time of the commencement of the lending system or granted the same number to several members and frequently suffered losses. Ultimately, the Defendant paid the lending amount by borrowing the amount of KRW 30 million from KRW 20 million each month to KRW 30 million, and then, at the time of the repayment of the above lending, operated the lending system through the so-called “reshion”, which, at a high interest rate again, organized another system, received the payment of the said fraternitys, and repaid it. However, from around 2010, the Defendant continued to receive the payment from the creditors, such as the F and the Korea Saemaul Depository, even if it had already reached KRW 300 million, there was no other income, and thus, the Defendant continued to receive the payment of the fraternitys from the fraternitys, despite having no intention or ability to receive the payment of the fraternitys from the members.

[Judgment of the court below]

1. Around May 2010, the Defendant stated that “Around May 2010, the Defendant shall pay the victim G of the building 503 with the money by paying the money through a discount with the number of days set by the Council, and if the payment is made in lump sum at the beginning of the fraternity, 20% interest will be paid.”

However, the fact is that the defendant did not have a accumulated for the number of days in the Council, and even if he received the fraternity from the victim G, he did not have an intention or ability to pay the fraternity to the victim G on the day when he received the fraternity.

In this respect, the defendant deceivings the victim G and belongs to it.