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(영문) 창원지방법원 통영지원 2015.07.10 2014고단1195
사기등
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Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. The Defendant in breach of trust is a person who has operated a 20-year system against the merchants, etc. at the central market street located in Dong-dong, Dong-dong.

The Defendant committed the crime against the Victim C is an owner who organized and operated a 360,000 won for 14 months per each 14th month unit and paid the principal amount of KRW 5,040,000 and the 14 franc unit unit system in accordance with the order of priority. From that time, the Defendant had a duty to pay the fraternity to the said members by May 10, 2013, if he/she received the fraternity from the said members by May 10, 2013, he/she was obligated to pay the fraternity normally to the said members.

Nevertheless, on May 10, 2013, the Defendant violated his duties, paid KRW 600,000 out of the total amount of KRW 5,600,000 to Victim C, and did not pay the remainder of KRW 5,00,000, and consumed voluntarily due to the Defendant’s living expenses around that time.

Accordingly, the defendant acquired the above 5,000,000 won property benefits and suffered the same damages to the victim.

B. On July 30, 2012, the Defendant paid KRW 720,000 per unit for 14 months per unit, and organized and operated a system of 10,080,000 principal and the 14 foot unit that is paid interest determined by the sequence. From that time to August 30, 2013, the Defendant was obligated to pay the fraternity to the pertinent members by the time when he/she received the fraternity from the said members by August 30, 2013.

Nevertheless, the Defendant violated his duties and paid KRW 3,060,000 out of the total amount of KRW 10,480,000 to the victim D around August 30, 2013, and did not pay the remainder of KRW 7,420,00, and consumed voluntarily due to the Defendant’s living cost around that time.

Accordingly, the defendant acquired the above 7,420,00 won property benefits, and suffered the same amount as the victim.

2. Fraud;

A. The Defendant was promised to pay the entire amount to the victim E at a non-permanent place around December 30, 2012.

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