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(영문) 춘천지방법원 2012.06.21 2011고단929
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On October 25, 2008, the Defendant gave rise to the number of shares organized by the victim C, etc. as a fraternity around October 25, 2008, including KRW 21,000,000 to KRW 11,90,000.

Around May 2010, the Defendant received the total amount of the fraternity from the above members of the fraternity around May 25, 2010, and therefore, the Defendant had the duty to pay KRW 118 million to the victims of the 20th day, which was designated to receive the fraternity from the above members of the fraternity.

Nevertheless, the defendant violated his duty and instead paid the above fraternity without paying it to pay it to the individual debt, thereby acquiring property benefits equivalent to the above fraternity, and causing damages equivalent to the same amount to the victim.

B. Around June 2010, the Defendant received the full amount of the fraternity from the above members around June 25, 2010, and thus, the Defendant had the duty to pay KRW 11.9 million to the victims of the 21st day, which was designated to avoid the fraternity on the same day.

Nevertheless, the defendant violated his duty and instead paid the above fraternity without paying it to pay it to the individual debt, thereby acquiring property benefits equivalent to the above fraternity, and causing damages equivalent to the same amount to the victim.

2. On March 30, 2009, the fraud Defendant stated that “If he/she lends 5 million won, he/she is urgently required to pay the amount, she will pay the interest up to August 25, 2009, he/she will pay the interest up to August 25, 2009” to the victim C at E’s house located in Chuncheon-si D Operation 203.

However, the defendant did not have the intention or ability to repay the borrowed money, because he did not have any other special property at the time of the defendant's debt amounting to 21.5 million won.

Nevertheless, the Defendant, as above, was accused of the victim and received five million won from the victim.

In addition, the Defendant received a total of KRW 15 million from March 30, 2009 to April 2010 through the same six times as the annexed crime list.

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