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(영문) 서울남부지방법원 2018.01.30 2015고단2774 (1)
사기등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the fraud against the victim C is acquitted.

Reasons

Criminal facts

[2015 Highest 2774] On November 26, 2012, the Defendant: (a) around November 26, 2012, at a “E” restaurant located in Yangcheon-gu Seoul Metropolitan Government, the victim F, G, etc. as a fraternity, and (b) during the first month, the Defendant first received an advance payment of KRW 20 million without paying an advance payment; and (c) during the last month of the first month, excluding the first month, the Defendant paid an advance payment of KRW 80,000 without interest; and (d) the remainder of the month in which the Defendant received an advance payment of KRW 80,000,000 from the month following the month in which the payment of the advance was made, 20,000 won with interest added to the advance payment of KRW 2,00,000,000 per unit; and (d) in a manner that the interest was added to the advance payment of KRW 80,000 per unit.

On the other hand, the defendant tried to organize the number system of 26 old units in total for 800,000 won per old unit to the victim F and G at the above date and place.

When a fraternity meeting is held on the 26th day of each month, 20 million won shall be reduced, and the month in which the prize is paid shall not be paid a fraternity, but shall be paid with interest of 20,000 won from the following month.

As the successful bid amount is late, the interest is added to 25 million won, and the interest is added to 24.6 million won, and the victim F entered the above number system at No. 25, and the victim G entered the above number system at No. 26.

The Defendant continued to receive from the victims a total of 80,000 won per month from around that time to November 26, 2014, a total of 19,200,000 won every 24 times.

Since the Defendant received the aforementioned advance payment from the members of the fraternity, the Defendant was obligated to pay KRW 24.6 million to the victim F, which was the cause of the fraternity No. 25 on November 26, 2014, and to pay KRW 24.8 million to the victim G, which was the cause of the fraternity No. 26 on December 26, 2014.

Nevertheless, the Defendant did not pay each of the above accounts to the victims in violation of his duties and did not pay them to the victims, which is equivalent to KRW 24.6 million to the victims F, and KRW 24.8 million to the victims G.

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