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(영문) 전주지방법원 군산지원 2016.11.16 2016고단455
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant, who operates multiple accounts in Kunsan-si, has been organized and operated several times every twenty years, and has been deposited from the fraternity members into the Defendant's living expense deposit account, and has been used in part of them individually, such as the card payment, loan interest, insurance money, public charges, etc., and 1% interest per month was set and lent to those who are not the fraternity members, but the principal was not recovered.

On the other hand, the defendant received the fraternity and did not pay the fraternity money for the members of the fraternity who returned to the fraternity who did not pay the fraternity money. In addition, the defendant did not pay the fraternity money to the members of the fraternity who returned to the fraternity who returned to the fraternity who received the fraternity money in a manner that, instead of paying the fraternity money, he did not request the members to join the other fraternity again.

In the process of using the fraternity as above for private purposes, or repeating the settlement of masss from some members, the amount of the fraternity to be paid to the fraternity members is continuously increasing, and the sum of the financial rights loans, including banks, insurance companies, and credit card companies, has reached approximately KRW 150 million, and the sum of the debts not paid to the fraternity members reaches KRW 1.3 billion. As such, it led to the situation in which the financial institutions operated by the Defendant, all of which fall into a single account, and thus, it is difficult to pay the fraternity normally to the fraternity members who have paid the fraternity in good faith.

In the end, even if the defendant receives the payment from the members of the fraternity, he did not have any intention or ability to pay the payment normally.

1. Fraud against victim D;

A. On February 7, 2014, the Defendant paid 20,000 won monthly deposit to the victim D at an influent place on February 7, 2014, respectively.

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