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(영문) 대전지방법원 2020.11.19 2019고단4263
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Of the facts charged in the instant case, the case of 2020 Godan190 (Joint) shall be acquitted.

Reasons

Criminal facts

On January 1, 2018, the Defendant, while operating a fraternity, had been responsible for the debt amounting to approximately KRW 140,000,000,000,000,000 for the first time. On January 2, 2018, the Defendant organized a new numberer to pay approximately KRW 2,00,000 to the interest of each month, and had the Defendant used the fraternity received from the senior and the fraternity to pay the individual debt.

Therefore, on January 10, 2018, the Defendant: (a) organized the accounts on the part of Ccafeterias located in the vicinity of the Daejeon Middle-gu Daejeon District; (b) organized the accounts on the part of the victim D, including the list of members and sequences; and (c) the accounts to be received; and (d) provided that “If the accounts are paid in 21 months each month after the receipt of the accounts, 1.5 million won each month, and 1.8 million won each month, 30 million won through 35.7 million won each month, shall be paid in accordance with the order of priority,” the Defendant recruited the members who are capable of paying KRW 1.5 million each month, and provided that “The accounts are paid in a normal number of accounts equivalent to KRW 1.5 million each month (1.5 million x 21 x 21).”

However, in fact, the above number fraternity of the defendant who is the owner of a fraternity was inevitable after the first half of the month that the defendant received the fraternity by lending two names of the defendant's married couple other than the defendant, joining three accounts, making the defendant's transferred fraternity payments to the creditor of the fraternity, etc. to the creditor of the defendant, and making the payment to the creditor of the plaintiff. The other fraternitys paid to the defendant is merely 7 million won or 18 million won, and after the first half of the month that the defendant received the fraternity, the defendant did not have any intention or ability to pay 34.2 million won to the victim of April 10, 2019, even if the victim paid the monthly fraternity.

As above, the Defendant deceivings the victim as above, and instructs him/her over 15 times every month from January 10, 2018 to March 10, 2019.

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