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(영문) 인천지방법원 2018.12.20 2018고단8126
사기
Text

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

Reasons

Punishment of the crime

[Criminal record] On August 30, 2018, the Defendant was sentenced to four months of imprisonment for fraud at the Incheon District Court, and the judgment became final and conclusive on September 7, 2018.

[2] From May 5, 2016, the Defendant, from around 16, 2016, operated a fraternity (hereinafter “five-day fraternity”), 16,000 won including the Defendant, and 2,00,000 won per month (in case of a person who is the order of receipt of fraternity deposits, the monthly payment shall be exempted), and 30,000 won per month (in case of a person who has already received fraternity deposits except the fraternity share, the interest of KRW 30,000 per month shall be additionally paid. Therefore, in case of a person who receives fraternity deposits by the sequence of 16,00 won, the interest of KRW 30,000 paid by the remaining 14,20,000 won shall be additionally paid) from around August 25, 2016, the Defendant operated another fraternity (hereinafter “25,000 won”) from around the same method to around August 25, 2016, and both the victim and the victim joined C et al.

On October 2016, the Defendant would make payment to the victim of E cafeteria operated by the injured party in Osan-si D of this month “I will pay to the victim of this month the amount of money scheduled to be paid by the No. 5 of this month when the No. 5 of this month became new.

“The purpose of “ was to make a false representation.”

However, the Defendant, without any particular property at the time, operated a small wholesaler with a debt worth of approximately KRW 1.30,000,000 without any specific property at the time, and operated the small wholesaler and operated the wholesaler, and thus, he was unable to pay the monthly rent at his residence, and thus, was deducted from the security deposit. A part of the fraternity was consumed by Defendant’s business funds or living expenses, etc. without paying the fraternity to the fraternity members who became affiliated with the sequences, and some of the fraternity members who want to take such circumstances did not pay the fraternitys properly. Thus, even if receiving the payment from the injured party, the Defendant did not intend to consume it with the Defendant’s business funds or living expenses, etc., and did not have any intent or ability to pay the fraternitys to the victim by operating the normal limit.

Nevertheless, the defendant deceivings the victim as above.

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