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(영문) 서울북부지방법원 2014.01.06 2013고단1961
사기
Text

Defendant

A The defendant shall be punished by imprisonment for three years.

Defendant

B Defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

A was sentenced to one year of imprisonment for fraud at the Seoul Northern District Court on August 12, 2013, and the judgment became final and conclusive on October 25, 2013.

The Defendants are married couple.

1. Fraud by Defendant A: "2013 Highest 1961";

A. A. Around February 25, 2012, the Defendant made a false statement to the victim F, stating, “Around February 25, 2012, the Defendant would pay an amount of money to the prescribed order of priority when he/she opens two-dimensional accounts in the number limit of 25 days and pays 400,000 won per month.”

However, in fact, the defendant had had had been liable for debts of about 1.7 billion won in the second half of 201 due to abnormal operation while organizing and operating a fraternity for over 20 years, and had been intended to return the fraternity even if he received the fraternity from the fraternity members by organizing a new system and using it for the purpose of collecting the real estate in the name of the defendant and family members, so there was no intention or ability to pay the fraternity normally to the fraternity members.

As such, the Defendant, by deceiving the victim and deceiving the victim, received a total of KRW 12 million from February 25, 2012 to April 25, 2013, such as the list of crimes in the annexed sheet from the victim.

B. Around November 2012, the Defendant borrowed 30 million won as the interest per month when he/she borrowed 450,000 won to the victim F as the 15th limit of the “15th limit of the loan,” and the principal shall be collected by recruiting other numbers and repaid 10,000,000 won on May 2013, 2013, 10 million won on June 2013, 2013, and 10 million won on July 2013.

"Finally, it made false statements."

However, in fact, the defendant has been organized and operated since 20 years ago, and the deficit occurred due to abnormal operation, and the debt has been over KRW 1.7 billion in the second half of 201, and even if he newly organized a system and received the payment from the fraternity members, he shall be prevented from returning the deposit, and the interest shall be repaid.

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