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(영문) 서울중앙지방법원 2017.03.22 2016고정3484
사기
Text

Defendant shall be punished by a fine of KRW 1,800,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 2015, the Defendant against the victim C would offer the victim C an annual membership of the sports center and the PT individual training course at the E-sports center located in the third floor of the Dongjak-gu Seoul Metropolitan Government D Building.

“A false representation was made.”

However, the above E-sports Center was unable to pay rent for more than two years due to its enemy condition, and the lease contract was terminated on October 2014. On November 2014, there was no intention or ability to allow the victim to use the sports center and to take a training course for the PT individual.

The Defendant, as such, by deceiving the victim, received KRW 2,221,00 from the victim, namely, a delivery of KRW 2,221,00.

Accordingly, the defendant was given property by deceiving the victim.

2. On December 2015, the Defendant against the Victim F: (a) at the E-sports center in the third floor of the D Building in Dongjak-gu Seoul Metropolitan Government, the Defendant would offer the Victim F with a PT individual training without any restriction from December 25, 2015 to the Victim F.

“A false representation was made.”

However, the above E-sports Center was unable to pay rent for more than two years due to its enemy condition, and the lease contract was terminated on October 2014. On November 201, 2014, there was no intention or ability to provide PT individual lessons to the victim, following the process of a lawsuit for delivery of the building.

The Defendant, as such, by deceiving the victim, received KRW 1,380,00 from the victim, namely, a delivery of KRW 1,380.0.

Accordingly, the defendant was given property by deceiving the victim.

3. On April 2016, the Defendant would allow the victim G to use the sports center for six months from May 2016 to June 2016 at the E-sports center located in the third floor of the D Building in Dongjak-gu Seoul Metropolitan Government.

“A false representation was made.”

However, in fact, the above E-sports Center failed to pay rent for more than two years in its own condition, and the lease contract was terminated on October 2014, and the victim is under the process of a lawsuit for delivery of the building on November 2014.

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