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(영문) 서울북부지방법원 2016.10.27 2016고단3555

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

From around 2006, the Defendant recruited victims D, E, F, G, H, I, J, K, K, L, and M as its members, and operated several serial numbers. The Defendant used part of the fraternity paid to the fraternity as the Defendant’s personal living expenses, such as communications expenses and insurance premium, and the Defendant committed the following crimes, as a result, as a result, some of the fraternitys did not pay the extension money to the fraternity upon receiving the extension money.

1. On December 17, 2009, the nominal fraud Defendant made a false statement to the victim D, stating that “The victim D may borrow money to another person and pay interest play an interest play, which shall be paid twice a month if he/she lends 10 million won to another person. The interest will be removed when he/she pays a deposit, and shall be returned immediately when he/she receives a refund of the loan.”

However, in fact, the defendant paid the time limit to pay to the fraternity with the above loan, and the defendant thought that some of the above loan was used as personal living expenses. As such, if the loaner offered the interest on the second installment per month from the fraternity and the payment of the fraternity is made, it would be insufficient to pay the fraternity with the time limit, so the defendant did not have any intent or ability to pay the loan even if he borrowed the loan from the fraternity.

Nevertheless, on December 17, 2009, the Defendant, by deceiving the victim as above, was delivered KRW 10 million to the Defendant’s new bank account on December 17, 2009.

In addition, the Defendant, from December 17, 2009 to March 30, 201, deceiving the total of five victims, such as attached Table I, from the victim to the new bank account of the Defendant, over 13 times.