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(영문) 서울북부지방법원 2015.03.19 2015고단134
사기등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Breach of trust;

A. On July 10, 2006, the Defendant is the subject of a number map consisting of 21 foot 10 million won unit, organized by the Defendant’s house located in Dongdaemun-gu Seoul, against the Defendant’s will, at the Defendant’s house located in Dongdaemun-gu, Seoul.

From March 10, 2008 to March 10, 2008, the Defendant received all fraternity payments from the members, including the victim D, at the location of the Defendant’s house, and therefore, on March 10, 2008, the Defendant had the duty to pay KRW 10 million to the victims of the fraternitys and interest KRW 1.9 million, which was the last sequence designated as the recipient of the fraternity payments on March 10, 208.

Nevertheless, the Defendant violated his duties and did not pay the fraternity money to the victim at around that time, and consumed the Defendant’s personal debt repayment, etc. from a member in Seoul Special Metropolitan City, such as the Defendant’s residence, etc. at around that time, acquired the financial benefits equivalent to KRW 11.9 million in total, and caused the damage equivalent to the same amount to the victim.

B. Around July 5, 2007, the Defendant is a captain of the number system with 21 foot 10 million won, organized by the Defendant’s house located in Dongdaemun-gu Seoul, Seoul, against the Defendant’s seat.

From that time until April 25, 2009, the Defendant received all fraternity payments from the victims E and its members, so the Defendant had the duty to pay KRW 10 million to the victims of the fraternity 21, which is the last sequence designated as the other bank on April 25, 2009.

Nevertheless, the Defendant violated his duties and did not pay the fraternity money to the victim, and around that time, consumed by the Defendant’s personal debt repayment, etc. at the Defendant’s residence, etc., and acquired the financial profit equivalent to KRW 119 million in total, and sustained damages equivalent to the same amount to the victim.

C. Around July 17, 2008, the Defendant organized from the Defendant’s house located in Dongdaemun-gu Seoul, Dongdaemun-gu, against the Defendant’s seat.

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