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(영문) 광주지방법원 2017.05.18 2016고단2327

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant committed the fraud against the victim D (2016 order 2327) in April 2013 to the victim D in the “F” restaurant operated by the Defendant located in Gangdong-gu Seoul Metropolitan Government, “F restaurant” to the victim D by paying the amount equivalent to approximately KRW 45 million as lease deposit, KRW 70 million as Si facilities and premium, and KRW 70 million as the premium for a restaurant operated by the Defendant.

A deposit of KRW 25 million, premium of KRW 35 million, which is half of the amount paid in the Republic of Korea, shall be paid to B, and a defect in the same business shall be paid to B. Lease deposit and premium of KRW 35 million may be returned later.

The term "" indicates that there is a lease deposit and premium that can be returned in relation to a restaurant, and proposes a club business.

However, in fact, the Defendant could not return the leased deposit and premium to the victim even after the Defendant was retired from the restaurant due to the lack of the payment of the lease deposit and premium in the operation of the restaurant.

Around April 29, 2013, the Defendant received KRW 10 million from the injured party to the corporate bank account in the name of the Defendant, and received KRW 10,000 from April 29, 2013 to October 9, 2014, a total of KRW 87,060,600 from around April 29, 2013 to around October 9, 2014, or a person who received money from the injured party, by deceiving the injured party to pay the money to the related company, thereby receiving property or acquiring pecuniary profits.

2. Around October 29, 2014, the Defendant committed the crime of fraud against the victim G (2016 high group 4806) showed an attitude to the effect that “A notary public I office located in Gangdong-gu Seoul Metropolitan Government H will transfer the victim G’s share in the F cafeteria jointly operated with D, and that “The amount of KRW 2,500,000,000,000 and KRW 27,500,000,000,000,000,000,000,000,000,000,000 won and KRW 45,000,000,000,000,000 won and KRW 2,5,000,00

However, the defendant operates the above restaurant.