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(영문) 창원지방법원 통영지원 2016.07.21 2015고단1145
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant of "2015 Highest 1145" had been operating since 2011 due to financial standing of other successful bidders, etc., which continued to prevent him from returning his personal debt, and had many members bear the personal debt. In order to repay his personal debt, the defendant received a senior payment from some members for the remainder of his personal debt, and then had the defendant offseted his personal debt to the fraternity members. Thus, the defendant had to pay a large number of fraternitys to the victims by operating the fraternity normally, but the defendant did not have any intent or ability to pay the fraternitys to the victims by paying the fraternitys normally or operating the fraternitys.

1. On February 2014, the Defendant would compel the victim L to receive KRW 50,00 won by operating the fraternity normally when paying the fraternity.

“A false statement to the effect that it was “,” and it was acquired by the defrauded from the victim on February 13, 2014 to April 12, 2015, the sum of KRW 38,328,000, in total, from the name of the Defendant’s NF’s deposit account in the agricultural bank account in the name of 15 times from the date of damage.

2. Crimes committed against AA by a victim;

A. On May 2014, the Defendant would arrange for the victim AA to receive a guidance by operating the fraternity normally at a restaurant located in the ASEAN-dong in the city of the Gu on May 2014.

Degnating the purport of “” and deceiving the victim from May 20, 2014 to March 19, 2015, he/she acquired 44 million won in total from the Defendant’s N’s deposit account in the name of the Defendant to the agricultural cooperative bank account in the name of the Defendant’s child on 11 occasions from May 20, 2014.

B. The Defendant, at a restaurant located in AB at around October 2014, receives guidance payments from the victim AA by operating the fraternity normally.

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