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(영문) 부산지방법원 2014.05.22 2014고단2553
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On July 20, 2010, the Defendant in breach of trust: (a) around July 20, 2010, in the members of the Seocho-gu hot spring market in Busan, the victim C, the victim D, the victim E, the victim F, the victim G, the victim H, the victim H, and the victim I, etc., and (b) during every 25 months, the amount of KRW 900,000 is added to the total amount of KRW 2,50,000,000 won and the total amount of the 25,000,000,000 won is being paid to the total amount of the deposit; and (c) until August 20, 2012, the Defendant had the duty to deliver the amount to the victims in the order of the victims.

Nevertheless, the Defendant violated his duties and consumed the fraternity payments, etc. received from the members of the fraternity at the Defendant’s residence, etc. for personal purposes, such as the payment of fraternity deposits or living expenses, etc., and acquired a total of KRW 142,50,000 as shown in the attached Table I as shown in the attached Table I, thereby incurring property damage to the victims.

2. Fraud;

A. On September 1, 201, the Defendant stated to the effect that “Around September 1, 201, the Defendant would pay a fraternity to the victim G by paying KRW 600,000 per month, KRW 25 old accounts that are paid KRW 15 million per month, and KRW 30 days if the Defendant faithfully pays the fraternity.”

However, as the Defendant was enrolled in eight old accounts, the Defendant did not have any economic ability to pay the said accounts in the amount of 4.8 million won per month. However, even if he was unable to pay the accounts even if he was in the status of 20 days prior to the commencement of July 20, 2010, he did not have the intent or ability to pay the accounts by using the said accounts or lending the money to another person.

The defendant deceivings the victim as above and is deceiving him.

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