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A defendant shall be punished by imprisonment for four years.
The defendant shall pay 320 million won to the applicant for compensation by fraud.
3.2
Reasons
Punishment of the crime
[2011 Highest 5915]
1. On July 11, 2011, the defrauded sold 'D' child care centers operated by the Defendant to the Victim C in total of KRW 170 million, including KRW 100 million premium and KRW 70 million for childcare centers, and the victim knew that there was considerable surplus funds, such as the remainder of lease deposit to be paid to the building owner E of the said child care center, with the awareness that there was considerable surplus funds, such as KRW 135 million.
On July 15, 2011, the Defendant borrowed money from the victim of Gangnam-gu Seoul Child Care Center to the victim as it was prepared to open the main source of the D Child Care Center. On August 5, 2011, the Defendant: (a) around August 5, 201, deposited KRW 150 million in the account of the building owner E, and (b) KRW 70 million in the franchise fee of KRW 70 million received from the party; and (c) received it until August 5, 201, and made a false statement to the effect that the Defendant would pay KRW 150 million until August 5, 201, and KRW 120 million until August 15, 2011.
However, the security deposit paid by the Defendant to E was only KRW 100 million, and there was no security deposit to be refunded due to the failure to pay monthly rent, and the Defendant did not deposit the franchise fee of KRW 70 million from the victim into the account in Sck. In addition, at the time, the Defendant was required to pay the amount of KRW 60 million to F, G, and H, and the Defendant did not have any intent or ability to pay the amount of KRW 16.8 million per month even if he borrowed money from the victim.
Nevertheless, around July 15, 201, the Defendant: (a) by deceiving the victim; and (b) received KRW 270 million,00,000,000 from the victim, as borrowed money, a cashier’s check of KRW 200,000,000,000 from the Gangnam-gu Seoul Metropolitan Government office branch of the Gangnam-gu branch of the Gangnam-gu branch of the new bank (Seoul), one cashier’s check of KRW 15,00,00,000,000 in cash.
B. On August 26, 2011, the Defendant: (a) around August 26, 201, at the above D Child Care Center, “in his or her knowledge of it; (b) the Defendant