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(영문) 제주지방법원 2015.04.24 2014고단868
사기
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Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

A is the representative director of E Co., Ltd. for the purpose of drinking performance business, and Defendant B, as the inside director of E Co., Ltd., the Defendants operated the above E Co., Ltd.

1. The Defendants stated, around February 10, 2013, that “The Victim G will pay a 25 million won monthly performance to the victim E, a stock company located in F at Jeju-si.”

However, in fact, Co., Ltd. did not have any intention or ability to pay the amount of drinking performance to the victim as the above promise was made, while Defendant B had any obligation equivalent to KRW 400 million, Defendant A had any obligation equivalent to KRW 300 million, but Defendant A did not have any specific property.

Accordingly, the Defendants conspired to induce the victim and let the victim perform the drinking performance from February 20, 2013 to April 28, 2013, and did not pay 13 million won out of 50 million won, and did not pay 37 million won, thereby obtaining pecuniary benefits equivalent to the same amount.

2. Around May 6, 2013, the Defendants stated that “the Defendant would pay 20 million won per month to the Victim H of the said Co., Ltd. for the performance of marina performance” in the said Co., Ltd. E.

However, in fact, the Defendants did not have the intent or ability to pay the cost of marina performance to the victim as promised by the above circumstances.

Accordingly, the Defendants conspired to induce the victim to perform drinking performance from May 6, 2013 to August 28, 2013, and caused the victim to perform drinking performance, but did not pay 30 million won out of 75,200,000 won, and did not pay 42,22 million won.

Summary of Evidence

1. Statement made by the defendant A in the fourth trial record (limited to the defendant A);

1. The statements made by witnesses I and G in the third protocol of trial;

1. Statement made by a witness H in the fourth trial record;

1. Each prosecutor's interrogation protocol against the Defendants

1. I.D.

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