(영문) 전주지방법원 2013.12.11 2013고정807

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(영문) 전주지방법원 2013.12.11 2013고정807

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Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On January 20, 201, the Defendant stated that “The Defendant organized the number of KRW 13 and KRW 30 million from the fraternity,” at the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Library, and that “The Defendant will subscribe to the number system to receive monthly payments from the sixth order of KRW 2550,000,000.”

However, in fact, the Defendant was unable to pay the fraternitys for the several years at the time, and was in bad credit standing, and the amount of monthly payment of the fraternitys was difficult to repay the above fraternitys with the existing bonds owed by the above fraternitys. Therefore, even if the monthly payment was made by the victim, the Defendant did not have the intent or ability to pay the fraternitys according to the agreement. Furthermore, the Defendant tried to use the fraternitys individually in order to solve the difficult financial situation.

Around that time, the Defendant deceivings the victim as such, and then acquired the remainder of KRW 2,50,000,000 from the monthly payment of KRW 5,550,000,000,000 to the victim’s existing claim against the Defendant. The Defendant received the payment in cash. On February 23, 2011, the remainder of KRW 5,550,000,000 from the monthly payment of KRW 2,5550,00,000,000,000,000 to the victim’s existing claim against the Defendant. The Defendant acquired the money from a single bank account in the name of KRW 5,550,00 in total.

2. On March 16, 2011, the Defendant told the said victim D to the effect that “If the Defendant lends five million won to the said victim, he/she shall pay the mutual aid money on March 28, 2011.”

However, the Defendant did not have any intent or ability to repay the money in accordance with the agreement, even if he borrowed money from the victim, since it was difficult for the Defendant to pay the money.

The defendant deceivings the victim as such and, on the same day, acquired 5 million won from the victim to the one bank account on the same day.

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