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(영문) 수원지방법원 평택지원 2017.08.23 2016고단2177

사기등

Text

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

Reasons

Punishment of the crime

1. On July 25, 2013, the Defendant is a person engaged in occupational breach of trust as a leader of the old unit number system of 21,00,000 won and 10,000 won and 21,000,000 won and 500,000 won and 21,000,000 won and 50,000 won and 10,000 won and 20,000,00 won and 1

By March 25, 2015, the Defendant received all fraternity payments from the members of the above number fraternity by March 21, 2015, and thus, the Defendant had a duty to pay KRW 10 million to the victim E (n, 39 years of age) who is a cause of the said 21 fraternity to receive fraternity payments on the said date.

Nevertheless, the defendant violated the above occupational duties, used the above fraternity for the defendant's personal debt repayment, etc., and did not pay 10 million won to the victim.

Accordingly, the defendant acquired property benefits equivalent to 10 million won in the above fraternity, and the victim suffered damages equivalent to the same amount.

2. Fraud;

A. On August 27, 2014, the Defendant borrowed money from the victim F. (1) The Defendant would pay back money to the victim if he/she borrowed money from the victim at the place specified in Paragraph (1) above.

The interest of 3 percent per month shall be paid.

“.....”

However, the defendant had no fixed profits at the time and had not been able to pay the principal in time, even if he borrowed money from the injured party, because the defendant had already been liable to pay 300 million won or more.

The Defendant received KRW 5 million from the injured party on the same day to the account in the name of the Defendant from February 17, 2015, in total, KRW 35 million from that time until February 17, 2015, as shown in the list of crimes attached hereto.

Accordingly, the defendant was given property by deceiving the victim.

2) On October 25, 2014, the Defendant organized the old account number system consisting of KRW 20 million, and KRW 21 million, and KRW 1 million, at the place specified in the foregoing paragraph (1) at around October 25, 2014.