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(영문) 서울중앙지방법원 2014.01.28 2013고단7873
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

1. A shooting machine;

A. A. Around August 2010, the Defendant stated that “Around the Seongbuk-gu Seoul Metropolitan Government D victim C’s house, the Defendant would have repaid or sold other accounts, if the Defendant borrowed KRW 10,000,000 to the South Dong-dong Hospital’s expenses to be paid to the victim.”

However, from around 2005, the Defendant had no intention or ability to properly repay money even if he borrowed money from the victim due to the absence of any particular income or property, in order to recover the money of the members who failed to pay some of the fraternitys and to use it as living expenses, etc. for other fraternitys, or to pay bonds interest or credit card loans.

As above, the Defendant, by deceiving the victim as above, received 10 million won as the borrowed money from the victim, that is, from the victim.

(2) On September 30, 2010, the Defendant stated that “A credit card payment shall be repaid to the victim” at the victim’s home, “A credit card payment shall be repaid if it is lent KRW 5 million to the victim.”

However, even if the Defendant borrowed money from the victim for the foregoing reasons, the Defendant did not have the intent or ability to pay the money properly.

As above, the Defendant, by deceiving the victim as above, received 5 million won from the victim as the borrowed money, namely, from the victim.

(3) On February 26, 2012, the Defendant joined the Victim C’s house as a member of the single number fraternity and had the victim faithfully pay the fraternity amounting to KRW 11 million each month in accordance with the sequence by receiving the fraternity payment from the members of the fraternity each month as a leader.

However, the defendant is not less than KRW 25 million every month for the purpose of paying a credit card interest or paying credit card loans to another fraternity.

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