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(영문) 서울중앙지방법원 2016.07.08 2015고단7728
사기
Text

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

Reasons

Punishment of the crime

On October 16, 2015, the Defendant was sentenced to four months of imprisonment for fraud and one year of suspended execution at the Seoul Central District Court, which became final and conclusive on the 24th of the same month.

The Defendant, on August 2013, 2013, shows the sales status table, etc. related to the sports center business in D elementary schools located in Gangnam-gu Seoul, Gangnam-gu, Seoul, to the victims E. In addition, “F elementary school sports center is newly built and funds worth KRW 1 billion are newly established, a sports center can be operated at the school, and if four money exists, a few hundred million investments will be made.

In this regard, it stated that the school contract is concluded with the school, the width is selected and appointed as a director, and the monthly salary is approximately KRW 5 million and the profits are distributed to him.

However, the defendant did not have the intent or ability to acquire the right to operate the sports center from the F elementary school even if he received the investment from the above victim.

On September 17, 2013, the Defendant received 100 million won from the above victim to the account under the name of the Defendant and acquired the amount by fraud.

The Defendant on July 27, 2011, the 2016 High Order 239, the Defendant entrusted the victim I with the operation of the K elementary school sports center in the Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City's apartment building H.

300 million won may be deposited into the J as investment and received the right to operate the Sports Center.

If so, Sk L will be employed as an employee of K Elementary Sports Center, and (State)J will grant L with the operating rights of other sports centers.

When the sports center is open, the principal shall be repaid with the members' expenses, the interest shall be paid at 40%, and the interest shall be paid at 4.5 million won per month.

“.....”

However, the Defendant did not have the ability to invest KRW 800,000,000 that the Defendant promised to make an initial investment in the J, and the amount borrowed from the injured party, which the Defendant received in advance in connection with the operation of the K Elementary Sports Center, and used in other places, KRW 150,000,000.

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