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(영문) 서울중앙지방법원 2014.07.04 2013고합1313
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged stated that the Defendant operated “D,” “E, and “E” and “F entertainment tavern (hereinafter collectively “the instant entertainment tavern”) from January 2006 to August 2007, the Defendant expressed that, in the early September 2006, the Defendant operated the instant entertainment tavern (hereinafter collectively “the instant entertainment tavern”) with “in-house D, E, and F entertainment tavern” with the victim I via the police officer in Gangnam-gu, Seoul, and the branchr H, and the funeral service is well-grounded. If the Defendant invested in the entertainment tavern amounting to KRW 1 billion, he/she would receive profits equivalent to KRW 30 million per month.”

However, on January 2006, the Defendant received an entertainment tavern of this case from the former operator of J around 195,01,020 won (i.e., “K” entertainment tavern 99,664,310 won + global income tax 95,346,710 won) along with the process of taking over the entertainment tavern of this case (i.e., “K” entertainment tavern 99,664,710 won). In addition, the Defendant had no intent or ability to pay the profits equivalent to KRW 30,000,000,000,000 from the other person. Furthermore, the Defendant received a transfer of the entertainment tavern of this case where it was difficult to pay taxes from the above J. as well as the Defendant had no intention or ability to pay the profits equivalent to KRW 54,00,000,000 from July 206 due to the enemy’s operation.

As above, on September 15, 2006, the Defendant: (a) by deceiving the victim; (b) received 50 million won in terms of employee employment expenses from the victim via the above H around September 15, 2006; and (c) obtained 884.6 million won in total over 19 times from around that time to February 9, 2007 as stated in the attached crime list.

2. The main point of the defendant's assertion was that the defendant's failure to pay I monthly agreed 30 million won to I was due to the delay in the payment of investment funds by I and the unexpected lease-related disputes with L, a building owner, etc., for which normal business of the entertainment tavern in this case became impossible, and I start with the beginning.

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