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(영문) 전주지방법원 남원지원 2016.10.25 2016고단118
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Basic Fact-finding] The Defendant is a person who operated a pawned business with the trade name “D” in South Won-si.

On December 15, 2010, the Defendant organized an interest rate of KRW 30 million in loan with bonds, and paid a part of the bonds with the amount of KRW 1,200,000,000 per month on December 15, 2010 (1,200,000 won per month after the receipt of the fraternity) and the total number of 21 units per share (20,000,000 won per share and KRW 20,000,000,000 in total; from the next order of priority, the amount shall be paid in addition to the interest paid by the first order who has already received the fraternity (the first order of priority x 2,00,000,000 won excluding the principal) as the share of the fraternity and received KRW 20,000,000 per share.

However, as the members of the above number fraternity failed to pay the accounts in time, the Defendant failed to pay the accounts, thereby making a new number fraternity (it is operated in the same manner as the above number fraternity beginning on December 15, 2010) either additionally lending bonds at a high rate or making a new number fraternity (it is operated in the same manner as the above number fraternity beginning on June 20, 2012) on September 15, 2012.

As a result, on April 25, 2013, prior to the creation of a new number system (hereinafter “25-day system”) around April 25, 2013, the suspect was required to pay KRW 170 million for the interest on the above debt, and KRW 3 million for the interest on the above debt. However, while operating D, the above interest cannot be paid for the monthly income (two million won). Thus, in order to pay the above interest to the members of the existing number system or to pay the principal and interest on the above debt, the suspect was bound to use the new number system by organizing it, or to use it additionally by receiving it, or to use it by lending the high rate bonds.

【Criminal Facts】

1. The Defendant of the 25th class fraud is so-called the number system starting on April 25, 2013 to the victim E at an unclaimed area around April 2013.

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