beta
(영문) 서울중앙지방법원 2016.05.31 2015고단3193

사기

Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

Defendant

B On November 29, 2013, in violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Seoul Central District Court, the judgment became final and conclusive on December 7, 2013 after being sentenced to one year and six months of imprisonment, and two years of suspended execution.

From November 201, 201 to 24 city convenience stores in Gangnam-gu Seoul, the Defendants operated “G convenience stores” as H, I (Withdrawal from the Dong business in May 201) and Dong business.

On November 14, 2012, the Defendants paid KRW 130,000,000 to the victim L an amount to transfer the business rights and facilities of the G convenience store to a mutual influent restaurant located on the back of the “K convenience store” at 24,00,000,000,000 to the end of February, 2012. We first have to refund the money to the victim, if us gains a profit while operating the G convenience store instead of the party in February, 2012.

The phrase “ makes a false statement.”

However, in fact, around November 2012, the above G convenience store was not exempted from the enemy about KRW 200 to KRW 3 million every month. While the Defendants did not have any special property or income, the Defendants did not have any intent or ability to change the name of the above G convenience store in the future. The above G convenience store was not free from the enemy, and the Defendants did not have any intent or ability to return the said amount at the victim’s request, even though they did not have the intent to receive money from the injured party, and they did not have been able to use the money in mind by paying the Defendants’ debt.

Nevertheless, on November 15, 2012, the Defendants received 30 million won from the victimized person to the new bank account under the name of the Defendant A, 50 million won to the same account on November 16 of the same year, 30 million won to the same account on November 30 of the same year, and 20 million won to the same account on February 6, 2013.