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(영문) 서울중앙지방법원 2014.09.18 2014고단4453
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant organized and operated a fraternity against D and other persons at the residential premises located in Gwanak-gu in Seoul Special Metropolitan City for a period of 1990 to 20 years. Around July 6, 2010, the Defendant organized a new system with which money is required to repay KRW 200 million borrowed from F and G to F in order to lend the money borrowed from F and G in the previous residential premises to F and G, and, unlike the previous one, joined a 10 unit out of the total 49 units (one time deposit) at a time, and changed the sequence of the won drawn from the time of receiving the payment of the above 10 unit in preference to other members of the community, and received the payment of the amount of money in preference to other members of the community, and received the payment of money in excess of the remaining amount, and did not have any other ability to pay the money in excess of 20 million won, and thus, the Defendant did not have any other ability to pay the money to the victim in a normal way even if it was not able to pay the money separately.

1. Around May 17, 2012, the Defendant, around May 17, 2012, took place as if the Defendant were to newly organize and pay a total of 40 foot molds to the victim D, H, I, J, K, K, L, M, N, etc. at the dwelling unit of the above Defendant’s dwelling, and participated in the victims as the fraternity, and the Defendant subscribed to the 3.5 unit out of the said 40 unit.

However, in fact, the defendant did not have a financial status enough to pay the previous accounts in a way to prevent the return, and there was no special property, so even if a new system was organized, there was no intention or ability to operate a system normally, such as failure to pay the accounts properly.

The defendant.

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