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(영문) 대구지방법원 포항지원 2015.07.22 2015고단144

A defendant shall be punished by imprisonment for not more than ten months.


Punishment of the crime

1. The Defendant in breach of trust was a person who, around August 30, 201, 300 won, 10 million won in fake 30 foots organized at the Defendant’s house located at the 206 unit of the Defendant’s house at the port on August 30, 201.

Since the Defendant received an amount equivalent to KRW 10,302,00 from the members of the fraternity around January 30, 2014, the Defendant, as the owner of the fraternity, had the duty to pay KRW 10,00,000 to the victims of the fraternity No. 30 designated to receive the fraternity on the same day.

Nevertheless, the defendant violated his duties and did not pay the fraternity money to the victim, and used it without permission for another serial system operated by the defendant at that time.

Accordingly, the defendant acquired property benefits equivalent to 10 million won of the above fraternity, and suffered damages equivalent to the same amount as the victim.

2. Around May 25, 2011, at a place not known to the Defendant, the Defendant made a false statement to the effect that “The Defendant borrowed KRW 20 million to the victim E, who intends to lend to the members of the number fraternity operated by him/her.” The Defendant borrowed money to the effect that the Defendant would pay the principal when the members of the fraternity who subsequently borrow money receive the money in the last instant sum.”

However, in fact, the Defendant borrowed money from the victim and borrowed money to the fraternity members for the purpose of raising profits by lending the money, so the Plaintiff did not intend to receive the money from the fraternity members despite receiving the money from the fraternity, and did not intend to repay the money to the victim. At the time, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim, because it operated the system by the so-called return prevention method, such as paying the money for the shortage of operating funds, and paying the money for the shortage of operating funds, and paying the money for the first time by organizing a new system, and paying it to the other fraternitys.

Nevertheless, there is a need to do so.