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(영문) 울산지방법원 2016.08.11 2016고단1299
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

From around 2000, the Defendant recruited the members of the Ulsan-gun C Group in order to operate multiple successful bidders by soliciting several successful bidders in order, mainly for the branch of the Ulsan-gun C group in Ulsan-gun.

1. Breach of trust;

A. On December 15, 2013, the Defendant related to the winning bid for the fifteen-day period of December 15, 2013 is a leader who organized and operated the winning bid for the amount of KRW 15 million at the Defendant’s house located in Ulsan-gun C around December 15, 2013 and the amount of KRW 20 on the scale of 20 old shares.

On July 15, 2015, the Defendant received KRW 14250,00 from the members of the remainder of the fraternity except for the victim D, and therefore, the Defendant had the duty to pay the fraternity to the above victim, which is the cause of the same day 20th day.

Nevertheless, the Defendant, in violation of his duties, paid only KRW 4 million out of KRW 14.25 million, and did not pay the remaining KRW 10.25 million to the victims. The Defendant acquired pecuniary benefits equivalent to KRW 1,0250,00,000 and incurred considerable damages to the victims by arbitrarily using it to pay to the members of another fraternity in operation of the Defendant or to repay the Defendant’s obligations.

B. On December 30, 2013, the Defendant related to the successful bid bid for the 30-day period, was organized and operated on December 30, 2013 at the home of the above Defendant, with the amount of KRW 15 million, and the amount of the successful bid for the 20 old unit.

On July 30, 2015, the Defendant received KRW 1,4250,00 from the members of the remainder of the fraternity except the victim E, so the Defendant had the duty to pay the fraternity to the above victim, which is the cause of the same day 20th day.

Nevertheless, the Defendant did not pay 14,250,000 won to the victim in violation of his/her duties, and the Defendant arbitrarily used it to pay to the members of another fraternity in operation or to pay the Defendant’s obligation, thereby obtaining pecuniary benefits equivalent to KRW 1,4250,00 and causing damage equivalent to the same amount to the victim.

2. The Defendant, prior to the fraud of an advance payment, has lent the bonds at an interest rate, in which part of the members of the successful bidder’s bid who received the advance payment, did not pay the advance payment.

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