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(영문) 제주지방법원 2014.04.18 2013고단305
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 100 million won to the applicant for compensation by fraud.

The above order shall be.

Reasons

Punishment of the crime

On October 13, 2005 and November 9, 2005, the Defendant, along with D, borrowed or invested KRW 300 million in total twice from E, and leased 109 to 112 units of “F building in Kunpo City” under the name of D, and thereafter operated an adult amusement room (hereinafter “instant amusement room”) with the trade name of “G” from November 15, 2005. The Defendant and D provided as security for the said loan and the return of investment funds, with the claim to return the lease deposit (120 million won) of the amusement room as security.

From November 9, 2005 to 3 months, “A certificate of transfer or takeover of a virtual lease deposit” and “a certificate of transfer or takeover of transfer or takeover contract” with the content that “where a entertainment room does not make profits or make profits, it shall transfer all equipment, such as the premium and the game machine of the entertainment room, to E,” respectively, and then deliver it to E. Upon delegation by D, the Defendant: (a) from November 12, 2005, performed the management and operation of the entertainment room of this case from around November 12, 2005; (b) the Defendant was requested from E to transfer the name of the lessee of the entertainment room, change of the name of the business operator, and game machine

The Defendant, as above, did not have profits while operating the amusement room. Since the Defendant had to transfer all the deposits, premiums, equipment, etc. of the amusement room to E, even if having been invested in money, despite having no intent or ability to pay profits by operating the amusement room, the Defendant, on March 31, 2006, received 10% of the shares of the amusement room by concealing the fact that all of the above FF building 110, including the deposit and the money for lease, the money for lease, and the money for games, were provided as security to E and issued by the notarial deed, and received 10 million won on every 15 day from the victim, and thereby, the Defendant acquired 50 million won from the victim on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness C and E, respectively.

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