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(영문) 서울중앙지방법원 2014.05.01 2013고단6661
사기
Text

Defendant

A Imprisonment with prison labor for two years and for one year, respectively.

However, for two years from the date this judgment has become final.

Reasons

Punishment of the crime

While the Defendants, as a couple’s land, operated a ceremony with the trade name “E” in Jongno-gu Seoul Metropolitan Government D, the Defendants were unable to raise operating funds due to accumulated winners, and were able to raise funds by lending money from others.

However, in fact, since the opening of the business in 2007, the daily house operated by the Defendants reached only KRW 1.75 billion, such as one bank, agricultural cooperative, etc., and only KRW 1.750 million. The real estate owned by the Defendants had no collateral value due to the establishment of senior security, and all the daily house and singing operated by the Defendants did not have any intent or ability to repay them even if they borrow money from others, since the accumulated amount of KRW 15 million to KRW 20 million per month is accumulated.

Nevertheless, “2013 Highest661”, the Defendants conspired to act in collusion;

1. Around January 5, 201, at the coffee shop located underground in the Jongno-gu Seoul Metropolitan subway No. 1, Jongno-gu, Seoul subway No. 5 Station, a project fund, such as classical costs, is urgently needed to operate the restaurant and singing room to the victim F (age 61).

If 100 million won is lent, 3% per month shall be paid, and the principal shall be repaid until February 28, 201, and the remaining 50 million won shall be set up in the order of 3rd priority for the building and land of the restaurant.

‘A false statement and received 97 million won, i.e., a prior interest, 3 million won as a loan, from the victim at the seat, i.e., the victim;

2. On March 4, 2011, if the “E” lends the above victim KRW 30 million to the said victim, the interest shall be paid at 4% per month, and the principal shall be repaid until April 30, 201, and if the payment is not made, the mortgage shall be established and held on the building and land of the said restaurant.

‘Falsely speaking, the victim received 2,88 million won, excluding the interest in advance and 1.2 million won as a loan, from the victim.

In this respect.

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