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(영문) 서울서부지방법원 2014.12.11 2014고단2739
사기
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

The defendant 41,750. 41. 750

Reasons

Punishment of the crime

Since around 1995, the Defendant was organizing and operating a large number of communities in Eunpyeong-gu Seoul in 1995. After the IMF crisis in 1997, some of the members of the fraternity were locked after receiving the money, or the Defendant was unable to normally operate the fraternity since 2007 because the money was collected from all members. The Defendant invested the amount of KRW 400 million in the management of the personal property at the time, but was unable to bear the interest of the borrowed money for the operation of the fraternity.

Ultimately, from 207 to 2007, the Defendant borrowed money from the members to use it as funds for the operation of another fraternity, or operated the system in the form of preventing the repayment of the money. However, even if the Defendant borrowed money from the members due to such economic difficulties, he did not have the intent or ability to repay the money, but did not have the intention or ability to pay the money to the members in a normal manner.

1. On November 20, 2007, the Defendant acquired the fraternity money from “K” gymnasium located in the Eunpyeong-gu Seoul J on November 20, 2007, and the victim L, which is the cause of receiving the fraternity money on the same day, paid the interest of KRW 400,000 won per month if he/she lends 40,000 won as he/she needs to pay the fraternity money, and the principal shall be repaid after 3-4 months.” The Defendant received cash 40,000 won from the victim on the same day, and acquired it from that time until March 9, 2013, by borrowing the fraternity money from the eight members who receive the fraternity money, such as the list of crimes (1) in the attached Form.

2. On August 25, 201, the Defendant shall be obligated to obtain the payment of the fraternity money in a Ma restaurant located in the J of Eunpyeong-gu Seoul Metropolitan Government on August 25, 201, and the fact shall be paid in KRW 500,000 per month even though it is not possible to receive the fraternity money from the fraternity members as above, and the fraternity money shall be paid in KRW 50,000 per month at the expiration of 20 months.

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