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(영문) 서울중앙지방법원 2014.11.20 2014고단5326
사기
Text

Defendant

A A shall be punished by a fine of 3,000,000 won, and Defendant B shall be punished by imprisonment for six months.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

Defendant

B On January 24, 2013, sentenced to two years of imprisonment with prison labor for the crime of evading compulsory execution in the Goyang Branch of the Jung-gu District Court on October 24, 2013, and the judgment became final and conclusive on February 1, 2013. On November 27, 2013, the Incheon District Court was sentenced to six months of imprisonment with prison labor for a crime of fraud on December 5, 2013 and the judgment became final and conclusive on December 5, 2013.

Defendant

B operated a mutual wedding of “Fbening Holdings” in the name of “Fbening Holdings” on the fourth floor of the Goyang-gu Incheon Metropolitan City E building, and Defendant A acted as the representative of “Fbening Holdings” and actually performed the duties of the head of the management department.

While the Defendants were in operation by leasing and operating the Convention, they were unable to pay monthly rent for at least three months on July 20, 201, and the lease contract was terminated. While there were various events in the Convention, there was little lack of performance events, the Defendants were faced with difficulties in demanding the return of KRW 50 million, which had already been in existence, but failed to raise funds. However, the Defendants failed not only to pay KRW 500 million out of KRW 1.2 billion of the Convention, but also to pay KRW 1.2 billion of the construction cost of the Convention, and it was extremely difficult for employees to pay the deposit money even if the contract term expires.

Nevertheless, the Defendants conspired to the effect that, on November 19, 201, through G, the Fbening Holdings Office, the Defendants would make the victim D to exercise the deposit amount of KRW 20 million for two years on the face of the week, and return the deposit deposit at the expiration of the contract term.”

The Defendants conspired to induce the victim as above, and thereby deceiving the victim, under the name of Defendant B, the same day as the performance deposit from the victim.

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