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(영문) 광주지방법원 2014.05.20 2013고단4346
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

In fact, the Defendant organized and operated the number system from the beginning of the early 2000s, and it was difficult for some members to raise the number system, which was aimed at from around 2008, and it was difficult for them to operate the system because they failed to pay the fraternity properly after receiving the fraternity. However, to solve this problem, the Defendant operated the system in a parallel manner, such as organizing a new system, or paying the fraternity in the form of Defendant’s obligation to pay the fraternity to the members who did not receive the fraternity, and around November 2009, the Defendant did not pay the fraternity KRW 700 to 800,000,000 which was not paid to the fraternity members, and the Defendant had the ability to pay the fraternity more than KRW 3 million monthly interest per month, but did not pay the fraternity to the fraternity members more than KRW 800,000,000,000,000 which was paid more than KRW 8,000,000,000 per month (in March 2013, the amount of the operating system).

[2013 Height4346]

1. Around December 28, 2009, the Defendant joined the F Coinna’s “F Coinna” located in Gwangju Northern-gu, Gwangju Northern-gu, as if he were to join the said system, was able to pay the amount properly in accordance with the prescribed sequence. Around December 28, 2009, the Defendant organized the 23 foot number system for 20 million won for the victim G.

If so, it would make a normal payment of a mutual aid money later.

‘Falsely speaking, the victim made himself/herself join the above number system on the same day, and then, he/she was transferred 2 million won to the national bank account in the name of H used by the defendant under the name of H in the same day as the deposit money, and on November 11, 2011, even if he/she was not able to pay a proper deposit to the members because he/she had a debt without any means of financing, and even if he/she borrowed money from the victim I, he/she is able to pay two copies of interest or principal for it.

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