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(영문) 부산지방법원 2014.03.20 2013고단9355
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. The Defendant was a leader who operated a system from around 2002 to May 2007 at the Busan Dong-gu C.

On July 30, 2006, the Defendant organized a successful bid of KRW 30 million in the D cafeteria located in Busan Dong-gu, Busan, and had the victim E operating a normal platform.

However, the fact is that the defendant paid the amount of the fraternity operated by the defendant to pay the defendant's personal debts, etc., and the defendant bears a high interest burden by borrowing the bonds that should pay high interest to solve this problem, so even if he receives the fraternity from the members in the situation of using the fraternity in order to solve the interest again, he did not have the intention or ability to pay it as the fraternity.

The Defendant, as such, deceiving the victim E, received KRW 2 million from the victim E as a deposit money in the same place, and from May 20, 2007, by deceiving the victim E, F, G, H, I, J, K, and L in the above manner, and then, by deceiving the victim by the above method, 8 persons were issued KRW 135,490,00 in total over 90 as a deposit money, as shown in the attached list of crimes Nos. 1, 2007.

2. Around January 5, 2007, the Defendant made a false statement that “The Defendant would lend money to the victim I (hereinafter “the Defendant”) at the M dan in Busan Dong-gu C, Busan, stating that “The Defendant would pay money to the victim on March 2, 2008, and calculated the interest in two copies per month.”

However, the defendant did not have any intent or ability to repay the loan even if he borrowed money from the victim due to the utilization of the loan operated by the defendant at the time and the high rate bonds borrowed to solve this problem.

The Defendant, as such, deceiving the victim I and received KRW 30 million from the victim in his/her place of residence as a loan, from the victim, from that time to that time.

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