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(영문) 서울중앙지방법원 2017.02.08 2014고단3231
사기등
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the Defendant committed fraud on March 2008 against the Victim H.

Reasons

Punishment of the crime

"2014 Highest 3231"

1. The Defendant committed fraud against the victim H from January 2008, with the trade name of “N” on the second floor of Yongsan-gu Seoul Metropolitan Government Yongsan-gu M, the Defendant operated a single-furging clock point.

On January 3, 2008, the Defendant has already paid the deposit money for lease of KRW 250 million to the victim H when the Defendant was to establish a new village on the second and third floors of Yongsan-gu Seoul Metropolitan Government O2 and N on the third floor.

B. It made an investment of KRW 300,000,000 to invest KRW 50,000,000 in aggregate, and the above KRW 300,000 will be used as the opening cost of N in this village, such as classical expenses, and the N will give 35% of the shares of N in this village and pay 35% of the monthly profit.

However, the Defendant did not have paid the deposit of KRW 250 million or invested KRW 300 million. The Defendant did not intend to use the deposit of KRW 300 million for the commencement of the operation of the N. The Defendant did not have any intent or ability to pay the profit promised even if the injured party did not receive the investment from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim; (b) by deceiving the victim; (c) transferred the victim to the foreign exchange bank account in the name of the Defendant, KRW 150 million around January 7, 2008; (d) KRW 150 million around January 22, 2008; and (e) KRW 300 million in total to the foreign exchange bank account in the name of the Defendant.

"2015 Highest 8267"

2. The Defendant is an employer who runs food sales business as the representative of Qu in Gangnam-gu Seoul Metropolitan Government P.

The Defendant, from March 2, 2015 to April 16, 2015, worked in the above restaurant and did not pay KRW 1,800,000 to the employee I retired from office on or around April 16, 2015 within 14 days from the date of the retirement, which is the date of the occurrence of the reasons for payment, without the agreement on the extension of the payment date, as stated in the list of crimes in the attached Table, and agreed on the extension of payment date.

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