특정경제범죄가중처벌등에관한법률위반(사기)등
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
An application for compensation by an applicant for compensation shall be dismissed.
1. Summary of the facts charged in this case
A. A. A victim of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was running in Gangnam-gu Seoul on May 2, 2007 by investing approximately KRW 1.5 billion in H, together with H, and running an entertainment tavern business, “I”. Around July 2, 2007, the victim was punished with H and operated in the same manner as a mixed person.
On August 207, 2007, the Defendant stated that the Defendant “I” in the said entertainment drinking house “I” means that “The Defendant was to operate the said store as a club business with a burden of KRW 1.2 billion each person, to evaluate the store currently operated by the victim as KRW 700 million, to whom the victim would live, and to whom the victim would get off and get off the credit of KRW 500 million as investment money, and to divide the profits of KRW 1.2 billion in cash into KRW 50:50.”
However, even if the defendant concludes a contract that operates the store with the victim as a partner, he did not have the intent or ability to invest 1.2 billion won in cash as a partner.
Around September 1, 2007, the Defendant entered into a partnership agreement with the victim to divide the amount of KRW 700,000,000,000 and KRW 500,000,00,000,00,000, and the amount of profits from the credit as the partner, and operated the said store together with the victim from around that time to September 1, 2009.
Accordingly, the defendant, by deceiving the victim and not investing KRW 1.2 billion, obtained the right to participate in the same business without investing in the same amount of money, thereby acquiring property benefits equivalent to the same amount of money.
B. From September 1, 2007 to September 2009, the Defendant operated the said “I” entertainment tavern with the victim. From around September 1, 2007 to around September 2009, the Defendant was in charge of the overall operation of the said “I” and management of profits, settlement of accounts, and payment and collection of prepaid money.
1. On November 2007, the Defendant received reimbursement of KRW 83 million from J around July 2007, the victim paid to J around July 2007, for the victim.