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(영문) 수원지방법원 안산지원 2017.12.08 2017고단2434
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant, from around 2002 to May 201, operated the clothing of “E” at the member D shop in Ansan-si, Seoul-si.

1. On February 27, 2008, the defrauded of the borrowed money is insufficient in that the victim F is operated by the victim F in the above D shopping mall on or around February 27, 2008.

Along with a loan of money, I talked that it will be repaid with funeral services.

However, from around 1993, when the Defendant organized and operated a system against the merchants or customers from around 2007, the Defendant was unable to pay the system according to the promise because some of the members did not pay the system even after receiving the time limit deposit, and the Defendant did not pay the system for purchasing goods for the purpose of operating the clothes because it was difficult for the Defendant to prepare the system for purchasing goods instead of the time limit for paying the time limit deposit. Since the economic situation has deteriorated, such as paying interest on the obligation by way of preventing a return of money from lending from another person, the Defendant did not have the ability to pay the money as the promise even if it borrowed the money from the damaged person.

Defendant 1, as seen above, obtained a total of KRW 509,00,000 from 11 victims as shown in the attached Table of Crimes (1) by March 15, 2017, including the fact that he/she received KRW 10,000 from the victim and acquired it by deception from the victim around that time.

2. The Defendant shall organize and operate a system for several years as described in paragraph 1, and even if some of the members received the time limit payment, the Defendant did not pay a maximum amount of money in the course of providing the time limit payment directly. From around 2015, the Defendant was obliged to pay interest at least KRW 10 million per month, or since the operation of clothes was insufficient, the Defendant paid the borrowed money or paid interest due to the credit payment received from the members of the fraternity. Therefore, even if a system is organized, the Defendant would normally be paid the said time limit payment.

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