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(영문) 부산지방법원 2016.06.22 2016고단1973
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On November 5, 201, the Defendant in breach of trust is a leader (20 million won in total, 16 old accounts) of the successful bidder system organized at the cafeteria-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do. The Defendant is a member of the 4 old unit (5, 9, 13, and 14) in the successful bidder system. The victim C is a member of the 1st unit (15 times in total, and the victim D is a member of the 16th unit in the successful bidder system. The victim is a member of the 1st unit (16th unit) in the 1st unit (16th unit).

A. Since the Defendant received KRW 13,700,000 from the members of the fraternity around March 5, 2012, the Defendant was obligated to pay the said fraternity to the injured party B, which was the fifth day designated as the recipient of the fraternity on the same day, but did not pay KRW 10,000,000 to the injured party due to the violation of his/her duties, thereby acquiring property gains equivalent to KRW 10,000,000 and suffered property damage equivalent to the same amount to the said injured party.

B. Since the Defendant received the payment from the members of the fraternity from November 5, 2011 to November 5, 2012, the Defendant had a duty to operate the said winning scheme so that each victims who agreed to receive the payment on the pertinent date may receive the payment on the said date. However, the Defendant arbitrarily transferred the payment on December 2012 by violating one’s duty and then arbitrarily selling the payment on 13,150,50 won for the total amount of KRW 139,451,50 for the payment paid by the victim B, C, and D, respectively, and suffered damages equivalent to the same amount.

2. On February 29, 2012, in the “F’s clothes for Defendant’s operation in Cheongyang-gun, Chungcheongnamyang-gun, Cheongyang-gun, the Defendant: (a) the Defendant was in the situation where the Defendant’s personal obligation at the time was 70 million to 80 million won; and (b) the monthly payment was made with interest on loans, etc.; and (c) even if the Defendant borrowed money from another person, it is necessary to keep the Defendant Company G with the intention or ability to complete the payment, despite having no intention or ability to do so; and (d) there is a need to keep the money to see the Defendant Company G with the intention to do so. If the Defendant lent five million won, May 15, 2012.

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