(영문) 서울서부지방법원 2014.06.17 2013고단3420

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(영문) 서울서부지방법원 2014.06.17 2013고단3420

사기

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A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[2013 Highest 3420] The Defendant was a person who operated a (main) Draid Institute on the fourth floor of Yongsan-gu Seoul Metropolitan Government C Building.

1. Around March 1, 2007, the Defendant made a false statement to the effect that “The construction cost will be paid if the Defendant would have ordered the victim G to take charge of the interior removal of the tegrative construction of the FF Institute, first of all, at the FF Institute office located in Yongsan-gu Seoul, Yongsan-gu.”

However, in fact, the Defendant entered into a contract for the establishment of the Franchising Institute with the National Franchising Institute without any particular business fund, and failed to prepare the down payment of KRW 50 million, which led to the cancellation of the said contract, and suspended the removal work from the Fransing Institute, and thereafter, the Defendant did not have any intent or ability to pay the cost to the victim by entrusting the removal work to another construction business operator who is not the victim.

Accordingly, the defendant had the victim perform the removal work in an amount equivalent to KRW 10 million, and acquired financial benefits equivalent to the same amount.

2. On May 2007, the Defendant made a false statement to the effect that “When investing in a gold source, the Defendant would establish a private teaching institute and a church in the same 200, to have the head of the kindergarten and hold the church.”

However, in fact, the monthly wage to be paid to the employees at the time was not in excess of the obligation from KRW 150 million to KRW 200 million, and there was no deposit for a store to be used as a private teaching institute or a church, and even if the money received from the victim was used in full for the repayment of the actual obligation, there was no intention or ability to have the victim operate the private teaching institute and the church.

Accordingly, the defendant's aforementioned false statements from the victim

6.7. Minority: five million won, and the same year;

7.14.14.1.5 million won around the same year,

7.16.16.16.5 million won, around the same year.

8.6.Woman 25 million won around June, the same year.

8. It received five times a total of KRW 87 million, such as around 17.17.1 million.

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