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(영문) 서울중앙지방법원 2016.05.20 2015고합442
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

The request of the applicant for compensation shall be dismissed.

Reasons

1. The summary of the facts charged is that the Defendants had the intent or ability to pay the money for transfer to receive from the victims of entertainment points in Gangnam-gu Seoul, Seoul, where the victims G actually operated, but did not intend to pay the money for transfer, but intended to take over all facilities, such as stores, etc. from the victims to operate the business. From May 2013, the Defendants had been able to pay the money for transfer of goodwill normally if the Defendants or each victim transferred their goodwill several times to pay the money for transfer of goodwill.

Since then, around June 24, 2013, the Defendants sold to the victims all rights related to the business, such as the House Business Facilities, in order to operate the said entertainment station by changing the “K” entertainment station to the age club.

The down payment of KRW 300 million shall be paid on the date of the contract, the intermediate payment of KRW 200 million shall be paid within one month after the contract is concluded, and the remaining KRW 500 million shall be paid by adding the interest of KRW 40 million per month to KRW 2.5% per month.

First of all, it is possible to enter into a lease contract with the building owner and pay gold and balance to the Do-ju so that it can obtain the business license of the age club.

In order to secure the remainder and part payments, a person designated by the party in his/her business license shall have a disaster, such as a common name.

“Along with the intent of “A”, Defendant A entered into a contract with the victim after entering into a special agreement on the remaining payment method with Defendant A as a party to the contract.

However, in fact, the Defendants paid down payment of KRW 300 million and intermediate payment of KRW 100 million, and did not think that they will first take over the above amusement center business, and that they will begin to operate the gym club business. Moreover, there are other investors with 30% of the shares of the gym club, other than the Defendants, and the remaining profits from the operation of the gym club should be paid to them.

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