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(영문) 서울남부지방법원 2017.10.26 2017고단3386
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The Defendant: (a) was a person running a stock company B established for the purpose of arranging lodging-related businesses; and (b) was willing to deceiving a person in charge of the victim C, who is difficult to operate the business, to acquire money necessary for operating the business.

On July 8, 2016, the Defendant concluded a contract for the use of a guest room with the victim company and the above hotel amounting to KRW 9,472,00 within two weeks from the date of conclusion of the contract in return for the use of the guest room at around July 8, 2016, with F, who is an employee in charge of the victim company, at the Seoul Yangcheon-gu building and the office B office located under subparagraph D and E, to pay F, who is an employee in charge of the victim company, to F, who uses the guest room operated by the victim company, and entered into a contract for the use of the guest room with the victim company and the above hotel amounting to KRW 9,472,00 within two weeks from the date of conclusion of the contract for the use of the guest room at around July 8, 2016.

However, the Defendant, as of August 2016, paid the outstanding amount to a business entity operating other accommodation facilities at KRW 1,50,000,000. The Defendant continued to operate the enemy of the Company B for the year 2015, and the net profit and loss of the Company B for the year 2015 -29,371,837, and the Defendant did not have any intent or ability to pay the outstanding amount to pay the outstanding amount to the business entity operating other accommodation facilities at the fixed date, even if the Defendant provided the guest room for use by H, I, J, and K employees, who are parties to B, for the reason that the operation of the Company is very good due to personnel expenses, office rent, office operating expenses, etc.

Nevertheless, the Defendant, by deceiving the victim, paid only KRW 9,472,00 as down payment to the victim, and paid the victim the same year from July 18, 2016.

8. By the end of 21.21, employees of H, I, J, and K, who are customers, shall use guest rooms.

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