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(영문) 대전지방법원 2016.10.12 2016고단2367
사기
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The Defendant of “2016 Highest 2367” was a person who dried up with the trade name of “C” and was unable to fully pay the fraternity from around 2000 to around 209 due to the failure to receive the payment from the members of the fraternity while operating the fraternity against the neighbors, etc., the Defendant was willing to pay the fraternity to the existing members by means of receiving the fraternity at a discounted amount or borrowing the funds, etc., with a new system of money received by constituting a new system, such as paying the fraternity, and paying the fraternity with the borrowed money from others, etc., even if a new system of money is created and received as a result of the continuous increase in the debt, the Defendant did not have the ability to pay the fraternity normally even if he borrowed the money from others to pay the fraternity, despite having no intent or ability to pay the borrowed money, and was willing to pay the existing debt by borrowing the borrowed money from others.

1. On July 25, 2012, the Defendant received KRW 10 million from the victim E through 25 times until July 25, 2014, by stating to the effect that “If he/she has subscribed to a fraternity that pays a bounty of KRW 400,000 per month for 25 months, he/she will pay it without any abnormal payment date” from the victim E in Dong-gu Daejeon-gu, Daejeon.

However, the defendant had no intention or ability to pay the fraternity normally by the payment date due to the above debt.

As such, the Defendant, as indicated in the attached Table (I), received KRW 10 million from July 2012 to June 2016, and acquired KRW 634,260,000 from 47 victims in the same manner, as in the attached Table of Crimes (I), by deceiving the victim, and acquired money from the victim in the same manner.

2. On December 25, 2011, the Defendant borrowed a loan from the victim F in the above C to pay the victim F KRW 10 million to the victim F within two to three months, and the Defendant paid the interest at KRW 100,000 per month.

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