(영문) 춘천지방법원 강릉지원 2017.01.10 2016고단1277

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(영문) 춘천지방법원 강릉지원 2017.01.10 2016고단1277

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A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant will pay 40,300,000 won to the applicant H.

Reasons

Punishment of the crime

The Defendant had no particular property or fixed income at the time of the formation of the instant system in December 2013, 2013, with the limit of KRW 33,00,000,000,000,000 organized around March 27, 2013, and with the limit of KRW 26,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,

1. On March 27, 2013, the Defendant involved in the fraud of the 27th day: (a) at the restaurant located in the Gedong in the Dongdong-si in the Dongdong-si; (b) even if the Defendant received the payment of the fraternity from the members due to the excess of the above obligation, the Defendant spent it for private purposes, such as living expenses, loan interest, and payment of the fraternity unpaid in the previous fraternity; and (c) some of the money was thought to operate the fraternity normally by arbitrarily lending it to the gambling; and (d) notwithstanding the fact that the Defendant did not have the intent and ability to operate the fraternity normally and pay the fraternity to the members, the Defendant would make a false payment without question if he wishes to do so.

As above, the Defendant: (a) by deceiving the victims; and (b) from March 27, 2013 to September 2015, the victim F was paid KRW 31 million in total each month from March 27, 2013 to September 2015; and (c) by KRW 2 million in total each month from the victim H during the same period from the victim H.

Accordingly, the defendant deceivings victims and received KRW 91 million.

2. On December 20, 2013, the Defendant involved in the fraud of the 20th day: (a) in a restaurant located in the Docheon-dong in the East Sea; (b) in fact, in the state of excess of the above obligation, there is no intent or ability to operate the fraternity normally and to pay the fraternity to the members; and (c) in the case, the Defendant paid the fraternity.

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