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(영문) 광주지방법원 순천지원 2014.11.26 2014고단1568
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. The Defendant, on April 20, 2012, lent the amount equivalent to KRW 40,000 to a bond 40,000 to a person with bad credit standing on March 20, 2012, and organized a creditor’s number system, joined the creditors’ demand for repayment, and the Defendant paid the limit amount on behalf of the creditors, and the Defendant, as a person with bad credit standing, was willing to pay the Defendant’s debt in the first order.

On March 2012, the Defendant recommended the victim E to join the said number book, stating that the Defendant organized the amount of KRW 20 million starting from April 20, 2012, KRW 1250,000, KRW 1250,000, KRW 16,000,000, and KRW 16,000,00.”

However, in fact, the defendant has no intention or ability to pay a mutual savings normally even if he received a mutual savings payment from the victim because it is impossible for the defendant's income alone to cover the monthly payment, living expenses, and repayment of obligations, etc., due to the situation that the defendant and the creditors who joined as the members of the fraternity should pay a mutual savings payment of KRW 5 million per month.

The Defendant received 20,100,000 won in total from April 20, 2012 to April 25, 2013 on nine occasions from the victim to April 25, 2013, and acquired 82,912,50 won in total under the name of deposit money from six victims as shown in the attached crime sight table (1) through (6).

2. On February 15, 2013, the Defendant recommended the victim F to subscribe to the said number book, stating that “On January 15, 2013, the Defendant: (a) made one more of the phone numbers of KRW 10 million starting from January 15, 2013; (b) monthly payments; and (c) 100,000,000,000,000,000,000 from January 15, 2013; and (d) one is insufficient.”

However, the defendant is true.

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