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(영문) 대구지방법원 상주지원 2014.08.19 2014고단196
사기
Text

A defendant shall be punished by imprisonment for nine years.

Reasons

Punishment of the crime

The Defendant had been operating a variety of fraternitys since 30 years ago, and around 2008, the principal and interest to be borne each month by the Defendant on behalf of the Defendant was difficult to operate the fraternitys to the extent of KRW 20 million per month, and the Defendant did not have any particular property. On the other hand, the Defendant did not pay the borrowed money from another person in order to collect the insufficient operating funds, or paid the borrowed money from another person by organizing a new fraternity to operate the fraternity in a normal manner, such as operating the fraternity through a different system, so it is difficult to operate the fraternity in a new manner, so it was difficult to newly organize the fraternity, even if it was made, there was no intention or ability to pay the borrowed money from the Plaintiff on behalf of the Defendant at the time, or even if he purchased the fraternity, even if he did not pay the transferred money from another person, even if he borrowed money from another person.

1. On January 14, 2008, the Defendant made a false statement to the effect that “The victim E shall be paid an amount on the day on which the Plaintiff would be free to pay an amount of money if he/she joined a D restaurant located in C, which is located in C, and paid KRW 1 million per month.”

As above, the Defendant, by deceiving the victim, received KRW 1 million from the victim’s husband F to the Agricultural Cooperative Account (G) in the name of the Defendant’s husband on the same day from January 14, 2008, and from January 14, 2008 to December 16, 2013, as shown in attached Table No. 1. However, the Defendant’s “amount of payment” on the 6th of the judgment among the list of crimes, is obvious that the “amount of payment” is “amount of payment (00,00 won)”, and “13” on the 9th of the judgment, is each clerical error, and thus, is corrected.

After receiving a total of KRW 2,098,300,000 from the victims, the victims earned the remainder of KRW 1,828,260,000, out of which paid KRW 270,040,00.

2. The Defendant on September 15, 2012

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