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(영문) 수원지방법원 여주지원 2016.11.30 2016고단702
사기
Text

Defendant

A Imprisonment with prison labor for two years, for eight months, for Defendant B, for one year, for Defendant C and for D.

(b).

Reasons

Punishment of the crime

around December 2013, the Defendants agreed to jointly operate a public bath with the trade name “H” after purchasing the third and fourth floors of the G commercial building in Ischeon-si. Defendant A agreed to jointly operate a public bath. Defendant B agreed to take charge of overall operation of the public bath project, Defendant B made loans necessary for friendship or joint project, Defendant C (i prior to the opening of the name), and Defendant C’s business affairs such as funding, and Defendant D’s representative director of the “J” established by the said business.

The Defendants planned to cover the amount of KRW 4.5 billion for the purchase price of the commercial building necessary for the operation of the above business, KRW 1.3 billion for the public bath, KRW 2.0 million for operating expenses such as other advertising expenses, and KRW 6 billion for the sum of KRW 6.0 billion with the deposit received from those who wish to provide various services within the above public bath (hereinafter referred to as “service deposit”).

Defendant

On March 6, 2014, A made a false statement that “A will open a public bath until June 30, 2014,” with the victim K and L (hereinafter “K and L,” among the victim and network content No. 1 in the list of crimes No. 1) to the victim K and L (hereinafter “K and L”), “A will open a public bath until June 30, 2014.” The payment was made to the down payment and the intermediate payment for the commercial building, and the payment was made by the bank with the remainder of KRW 50 million loan, the ownership in the commercial building may be transferred. If 50,000,000 is paid with a deposit, the right to conduct a sports-for-all business within H for two years, while setting up a collateral security on the commercial building.”

However, in fact, the Defendants did not have any particular property, and the company established by them due to bad credit standing could not receive a loan from a financial right even if it provides the above commercial building as a security, and there was no more than 200,000,000 sales contract deposit for commercial buildings to N, etc. who is the owner of the above commercial building, and the above bath.

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