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(영문) 서울중앙지방법원 2016.02.25 2015고단2107
사기
Text

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

On November 29, 2012, the Defendant was operating by the victim E in Gangdong-gu Seoul Metropolitan Government on November 29, 2012, and the Defendant is currently conducting an auction for the victim’s knife club located in Nam-gu Incheon Metropolitan City G, and the Defendant is expected to cancel and take over the auction.

If 80 million won, such as 250 million won and 550 million won operating expenses of a golf club, is loaned as interest-free in order to resolve tax issues, etc. imposed on that golf club, it would allow a person to exclusively supply alcoholic beverages to that person, if he/she lends money to a person without interest.

“The purport of “,” and on the same day, the third floor law office of H building in Gangdong-gu Seoul Metropolitan Government entered into a monetary consumption loan agreement with the victim to borrow KRW 250 million from the damaged party at the third floor law office of Gangdong-gu Seoul Metropolitan Government, and the victim shall be paid in installments for each two years by dividing “the victim’s KRW 10 million per month.”

“.....”

However, in fact, around November 2012, there was no special property in the name of the defendant, and there was no special income, and the J also did not have any special property to operate the above age club. On the other hand, the defendant was in arrears of the credit card price of KRW 10 million issued by financial institutions, and the defendant was liable for the liquor price of KRW 200 million.

In addition, when the defendant intends to take over the above age club, he should pay 1.888 billion won to the fishery cooperative that created a right to collateral security on the building and land where the age club is located, and the above building and land owner paid 300 million won to the National Tax Service for the cancellation of the seizure established on the building and land. After paying 100 million won to the holder of the right to collateral security on the above building and land, the provisional registration was cancelled, and the provisional registration was required for the cancellation of the provisional registration to pay 15 million won to the holder of the right to collateral security on the building and land, and the defendant paid 150 million won to the owner of the right to collateral security. The provisional registration was cancelled and the defendant operated the age club.

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