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(영문) 서울중앙지방법원 2017.07.13 2017고단363
사기
Text

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

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court on May 30, 2014, and the judgment became final and conclusive on October 20, 2014. On August 25, 2016, the Defendant was sentenced to three years of imprisonment for the same crime in the same court on August 25, 2016, and the said judgment became final and conclusive on December 17, 2016.

[Basic Facts] The Defendant, while promoting a performance planning project, has been operating the project by attracting investment funds from other persons and running the project using the fund. A performance “C” promoted around April 2007, incurred approximately KRW 1 billion due to failure to perform the performance, and thereafter, he/she incurred approximately KRW 7-8 billion due to continuous performance of the performance planned by the Defendant, and even around around the around 2013, he/she bears the obligation of KRW 7-80 million.

In such circumstances, the Defendant suffered approximately KRW 70 million due to his/her failure to perform his/her “D” performance promoted around March 9, 2013, from around August 9, 2013.

8. Until December 12, 200, in the context of planning to hold a performance in the name of “F” in E University No. Y and Jeju-do, and accordingly borrowing 200 million won or more from G, etc. in terms of expenses incurred in promoting performance from G, etc., the financial circumstances have significantly deteriorated, such as failure to pay performance contracts, intermediate payments, balance, etc. to foreigners participating in the performance, and even if the sales of the ticket began from around May 2013, the sales proceeds were excessive to KRW 10 million, making it difficult to generate profits from the performance.

[2] Around August 14, 2013, the Defendant planned a public performance in the name of “F” to the victim H in the mutual infacian shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, and there is a need to contribute 28,50,000 won to the victim H.

The above money may be paid within one month to three months from the sales proceeds of tweet and investment proceeds, etc.

“A false statement” was made.

However, in fact, the defendant was delinquent in paying value added taxes from around 2005, and special income or assets are.

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