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(영문) 울산지방법원 2016.08.11 2016고단1624
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 23, 2015, the Defendant: (a) purchased the health care room of “C” on the third floor of the Busan Shipping Daegu building B, Busan; (b) concluded a lease agreement with D Cooperatives, a lessor of the said building, at KRW 50,000,000 on August 28, 2015; and (c) purchased a sports organization equivalent to KRW 30,000,000 at around that time; (d) around that time, the Defendant borrowed KRW 230,000,000 from his/her family, relatives, and children, and paid KRW 230,000,000 from a financial institution.

According to the above contract, the Defendant operated the above health care center from around August 28, 2015, and there was a fixed amount of 27,00,000 won per month for the above rent, advertising expenses, facility repair expenses, electricity, water, gas, and other public charges, including laundry expenses, management expenses, etc., but the income did not reach the above expenditure.

On the other hand, the Defendant, in addition to the Defendant’s 230,000,000, 230,000, Mapps loaned from his family members, relatives, and descendants in order to operate the Khps on November 2015, the Defendant had a debt of 70,000,000,000 won for the Khps loaned to Nonghyup Bank, in addition to the Defendant’s 230,00,000,000, Hyundai Card, Samsung Card’s Card, Samsung Card, Samsung Card’s Card, 10,000,000, and the sum of 440,00,000,000 won for the secured loan to the Nonghyup Bank, but there was no more than the amount of monthly loaned to 10,000,000 won for the above Khps’s loan out of November 20, 2000 won for its employees. In addition, the Defendant did not know that there was a fixed amount of 000,0000,000 won monthly loan.

Nevertheless, on November 16, 2015, the Defendant used a fitness for six months from the victim E and took lessons from the above healthcare center around November 16, 2015.

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