beta
(영문) 서울중앙지방법원 2016.03.09 2015고단5892

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The criminal defendant against the victim B is expected to inherit the victim B at the D coffee shop located in Yeongdeungpo-gu Seoul Metropolitan Government around March 2014 to the victim B as soon as “ soon as 10 billion won is inherited from his father.

In lieu of doing so, I would like to enter into a coffee franchise service contract with E and pay the service price in lieu of doing the coffee franchise business.

“A false representation was made.”

However, the defendant was not expected to inherit 10 billion won from his father, and there was no specific property at the time, and there was no income, and there was no intention or ability to pay the money even if the victim paid the service price in lieu of the service price to E.

The Defendant, by deceiving the victim as such, had the victim enter into a service agreement with E and coffee franchise, and had the victim pay KRW 15 million from June 2, 2014 to December 3, 2014, thereby obtaining property benefits equivalent to the same amount.

2. Around August 2014, the Defendant invested KRW 200 million in the victim F in the Plaintiff’s Republic of Korea, a company holding the Busan MBC creative event for 55 weeks, and G, the representative of the Defendant Company’s UN Entertainment sector, borrowed KRW 200 million from H (victim F) in the name of the Defendant Company H (victim F).

Since then the performance has been revoked, G received the return of 200 million won from the investment fund and repaid to I.

I urged H Co., Ltd. to pay interest of KRW 15 million on the above borrowed money, and the victim demanded the Defendant and G to be responsible for the above interest.

On March 4, 2015, the Defendant loaned the interest of KRW 15 million paid to I to the victim in the coffee shop near Gangnam-gu Seoul, Seoul, by March 25, 2015, to the extent that he/she would promptly inherit the property of KRW 15 million from his/her father.

“....”