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The punishment of the accused shall be determined by imprisonment with prison labor for ten months.
Reasons
Punishment of the crime
On October 21, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution due to the crime of fraud, fabrication of private documents, and the crime of deception of the above investigation document at the Seoul Northern District Court, and the judgment became final and conclusive on April 9, 2016.
[2016 Highest 3279]
1. On April 2, 2014, the Defendant entered into a provisional contract with the victim to take over the “F Mart” located E (hereinafter referred to as “the instant Mart”) from the victim D at his/her own king-si, Gocheon-dong, Gocheon-si, Gocheon-si, and paid the victim KRW 8 million as the date of the lease deposit, KRW 8 million as the part payment, KRW 8 million as the intermediate payment on May 12, 2014, KRW 9.5 million as the part payment on June 5, 2014, and KRW 85 million as the part payment on June 5, 2014, the Defendant entered into the instant contract with the victim by dividing the lease deposit into the same content as the “F Mart” from the sales shop located adjacent to the instant Et, from June 5, 2014 to June 5, 2014 without the payment of the remainder of KRW 500,500,000,000.
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However, the Defendant was liable for the amount of goods unpaid due to the nonperformance of the “H Mt” located in Suwon-si G located in Suwon-si, which had been operated immediately before the acquisition of the instant Mt, while there was no particular fund, and there was no specific attempt to prepare for the acquisition price of the instant Mt except for the loan from those who do not borrow money. ② Since the Defendant received the goodwill from the damaged party and operated the Mt with the profits and performed the obligations to I with the profits, it was insufficient to cover the acquisition price with the profits from the management of the Mt, and ③ on April 27, 2014, the situation was insufficient to cover the acquisition price due to the profits from the management of the Mt, and as seen in the following sub-paragraph, the registered name of the business operator of the instant Mt was changed to the name of the Defendant and then the victim for the profits from the operation of the Mt or the goods for sale in the Mt.