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(영문) 서울중앙지방법원 2017.08.18 2016고단1679
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On November 15, 2012, the Defendant was sentenced to a suspended sentence of five months for fraud at the Seoul Central District Court on May 23, 201, and the judgment became final and conclusive on June 25, 2015. On June 25, 2015, the Defendant was sentenced to imprisonment of one year and six months for fraud, etc. and the judgment became final and conclusive on February 18, 2016.

[2] Criminal facts C was indicted for violating the Act on Fraud and Labor Standards in relation to the instant age club, and was finalized on June 25, 2015 at the Seoul Central District Court [2012 high group 559, high group 516, high group 516 (Joint)), 447 (Joint)] sentenced to imprisonment for two years.

The above judgment states that “C’s age club operation is not only without experience, but also the property owned by H, and even if H acquires the above business establishment (room harassment), H succeeds to KRW 1.3 billion, such as non-performance of alcoholic beverages, and the actual price was not paid under the condition that H recognizes the ownership of KRW 500 million. The lease entered into a contract with E hotel on March 25, 2010 and paid KRW 100 million for the down payment. However, the above KRW 100 million was the money borrowed from E and the remainder of the rent deposit was not paid KRW 300 million and KRW 500 million for the facility.”

Around April 2010, without any particular capital, around 2010, a person who leased a studio of E hotel in Gangnam-gu Seoul and a studio 1st and the third floor to open and operate a studio club in the name of “F” (open on November 3, 2010). The Defendant used the position of the vice-chairperson of the above studio club in the position of the chairman of the above studio club, who introduced the construction business operator or induced investments to C, and around November 24, 2010, operated the above studio club in the capacity of the representative of the claim group of the above stude club in the capacity of C, by acquiring the right to operate the above stude club from around July 12, 201.

On June 2010, the Defendant: (a) in an influence club on an influence date; and (b) in the case of the victim G, who is the supplier of main supplies, the Defendant “batts”.

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