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(영문) 광주지방법원 2014.08.20 2014고단1632
사기
Text

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

Reasons

Punishment of the crime

[Criminal Power] On August 10, 2011, the Defendant was sentenced to a suspended sentence of six months of imprisonment with prison labor at the Gwangju District Court for fraud, and the judgment became final and conclusive on August 18, 2011.

【Criminal Facts】

In fact, the Defendant had a debt of approximately KRW 300 million from around 2007 to around 2009, and, at any time, had to borrow money from other persons to KRW 300,000 from time to time for the repayment of the said debt, and there was no need to prevent the Defendant from returning the existing debt with the payment of the deposit after organizing a new system due to the failure to properly operate the previous system, such as the distribution by the fraternity operated at around July 2008.

Therefore, even if the defendant organized a new fraternity around July 2008 and received monthly payment from the victim C, he did not have any intention or ability to properly pay the fraternity on the date of the pertinent sequence of the above victim.

1. Nevertheless, around July 25, 2008, the Defendant: (a) at the E restaurant operated by the Defendant in Yong-gun, Young-gun; (b) on July 25, 2008, the victim C organized the 20 unit number system as of July 25, 2008; and (c) on July 25, 2008, the victim C would pay to the party a monthly interest of KRW 200,000,000 including the monthly interest of KRW 20,000,000 for each month from July 25, 2008 to June 25, 2009.

2. On August 5, 2008, the defendant continued to organize 20 units of accounts to the victim C at the above E restaurant, and the victim C opened the said fraternity and made payment to the victim C at the rate of 20 units of account as of August 5, 2008, one million won per unit. The defendant would make payment to the party, including 200,000 won per month interest, from August 5, 2008 to July 6, 2009.

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