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(영문) 서울중앙지방법원 2016.07.07 2015고단3675
사기
Text

The defendant shall be innocent.

Reasons

1. Facts charged;

A. A. Around February 20, 1994, the Defendant: (a) around February 20, 1994, entered the number 1 unit consisting of 25 members in the name of the victim, namely, the number 1 unit consisting of 25 members in the name of the victim; (b) around February 20, 1994, the Defendant paid the fraternity by means of remitting 50,000 won per month to the victim.

However, in fact, the Defendant did not have an intention or ability to pay a mutual savings deposit in a normal manner, since the Defendant paid a mutual savings deposit with the money borrowed from the victim or his/her neighbors, and the Defendant received a mutual savings deposit with the money in the manner of repaying the previous obligation with the mutual savings deposit.

Nevertheless, the Defendant, by deceiving the victim, caused the victim to join the above number system, and then transferred the amount of KRW 10 million to the national bank account in the name of the Defendant on April 20, 1994.

B. On September 18, 1994, the Defendant borrowed money from the above victim on April 18, 1994, and joined the number 1 unit consisting of 25 members in the name of the victim under the pretext of the change, and paid the money to the victim by transferring the money to the victim from the receipt of the fraternity, and from the receipt of the fraternity, 40,000 won every month.

However, the defendant did not have an intention or ability to pay a mutual aid payment normally on the grounds as described in the above A. This is true.

Nevertheless, the Defendant, by deceiving the victim, had the victim join the above number system, and then transferred the amount of KRW 10 million to the Seoul Trust Bank Account under the name of the Defendant on September 18, 1994.

(c)

On October 25, 1995, the Defendant, on October 25, 1994, borrowed money from the above victim under the “F multilateral bank” around the E theater located in Gangnam-gu Seoul, Gangnam-gu, Seoul. On October 25, 1994, the Defendant entered the 2nd unit of the number fraternity consisting of 25 members in the name of the victim under the name of the victim and joined the 400,000 won monthly.

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