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(영문) 서울동부지방법원 2017.07.19 2017고단975

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The Defendant is an owner of the system by which one million won per month is deposited from November 2014 to July 2016, and 25 million won per month from July 2016.

On November 25, 2014, the Defendant: (a) opened a mutual influorial restaurant located in the Myeonc-dong, Jung-gu, Seoul around November 25, 201; (b) opened an influorial system with the Defendant, and opened an influorial system with the Defendant, and (c) opened an influorial system with the Defendant, and (d) opened a mutual influor

A false statement was made.

However, in the course of operating the above system, the Defendant was in a situation where the members of the fraternity failed to pay the fraternity properly from June 2015, and it was difficult to operate the fraternity any longer. From some members of the fraternity, the Defendant was paid the remainder except interest on the Defendant’s personal obligation, and thus, the Defendant did not have the intent or ability to pay the fraternity to the victim when the victim became the order of the victim even when paying the fraternity.

Nevertheless, the Defendant, as such, by deceiving the victim, received a total of KRW 1.5 million from June 2015 to August 2015 as an advance payment from the victim, as well as received a total of KRW 1.5 million from around June 2015 to around August 2015, and received a delivery from three victims in the foregoing circumstances, such as the statement in the list of crimes in the attached Form, for a total of KRW 13.6 million.

2. On March 2015, the defrauded of the borrowed money: (a) the Defendant borrowed money to the victim D; (b) “The money is urgently needed; (c) the husband has borrowed money from KRW 60 million to KRW 70 million to the husband’s passbook; and (d) the borrowed money amounting to KRW 10 million to the Plaintiff’s KRW 10 million to the domestic system.

“A false representation was made.”

However, in fact, when the defendant receives the fraternity money, the defendant has to pay the fraternity to the members who became an order of priority, and since the financial standing of about KRW 40 million has deteriorated at the time, he/she has to make a change to the victim even if he/she borrows money.