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(영문) 서울남부지방법원 2014.04.02 2014고단132
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From February 2004, the Defendant: (a) opened a term “intersection” in Gangseo-gu Seoul Metropolitan Government, located in B; (b) organized several circles, such as five days, seven days, twenty days, and twenty-three days; and (c) made use of part of the entire accounts received from the members of the fraternity as the Defendant’s living expenses; and (d) as a result, it was insufficient to pay the entire accounts to the members of the fraternity who returned to the fraternity who returned to the fraternity because they failed to receive the payment of the accounts properly from a large number of members of the fraternity who did not pay the accounts after the payment of the accounts, the Defendant called “reshion” in a manner that, instead of paying the fraternitys, the Defendant recommended the members of the fraternity who returned to the previous fraternity, who returned to the fraternity, to subscribe to the new other fraternity instead of receiving the payment of the accounts.

The amount of the fraternity that the Defendant has to pay to the members of the fraternity even though the amount of the fraternity has been actually paid to the members of the fraternity in the course of repeating the return prohibition as above is continuously increasing. As a result, the amount of the fraternity that the Defendant has to pay to the members of the fraternity is KRW 700 million in around 2004 as a result of borrowing the money from another person or using the loan of financial rights, and as a result, it is difficult for the fraternity to pay the interest thereon, it would result in a situation in which the fraternity operated in the situation where it is generally insolvency of the entire accounts and it is difficult for the fraternity to pay the interest, thereby making it impossible for the fraternity to pay the fraternity normally. In the end, the Defendant had no intention or ability to pay the fraternity normally even if he receives the fraternity from the members of the fraternity.

1. The Defendant against the victim D, on April 5, 2006, took charge of the fact in the above fraternity, even if he received the fraternity payment due to the above circumstances, he did not have the intent or ability to pay the fraternity payment normally, and signed two teams on the 400,000 won foot to the victim D and paid the fraternity faithfully.

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