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(영문) 수원지방법원 성남지원 2016.09.22 2016고단832
사기
Text

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

Reasons

Punishment of the crime

From around 1995, the Defendant was able to organize and operate a system with parents residing there. Although the maturity date for the payment of the fraternity operated around January 2014 arrives, the Defendant could not pay fraternity to some members because of his own consumption, such as lending to another person or investing in the Home shopping clothes sale or multi-stage business, etc., then, the Defendant had attempted to operate the system in the way of “return” by repaying the fraternity’s debts unpaid from the fraternity received by organizing the next system, and using the system as the profits earned by investing in the Home shopping clothing sale or multi-stage business, and using it for personal living expenses.

Accordingly, the defendant is running as if he had been in the normal operation of the fraternity at the non-fluence place on February 2014, and the victim E is operating the number system of 21 unit with 18 members and 1 million won per unit.

When a member of the Gu unit pays one million won per month as a mutual savings deposit, he/she will put the last system in the order of priority.

“.......”

However, in fact, the Defendant had been in an economically difficult situation, such as the Defendant’s debt amounting to approximately KRW 200 million at the time and the only property was set at the lower right of KRW 182 million on F apartment, which is the only property. However, the Defendant was aware of the circumstances that the Defendant would normally operate the fraternity and would prevent the payment of the fraternity by operating the fraternity even if the Defendant received the fraternity from the members, on the ground that the Defendant received the money from the victim E in the name of a fraternity and planned to pay the transferred fraternity debt or to use it as an individual investment.

Nevertheless, the defendant deceiving the victim E as above and then, from February 15, 2014 to September 15, 2015, the defendant was transferred to the agricultural bank account in the name of the defendant under the name of the defendant for a total of KRW 20 million every month from 20 million every month from February 15, 2014 to September 15, 2015.

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