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(영문) 수원지방법원 2017.03.09 2016고단2057
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On October 24, 2014, the Defendant was sentenced to ten months of imprisonment and two years of suspended sentence for fraud at the Seoul Central District Court on October 24, 2014, and the judgment became final and conclusive on January 6, 2015.

[2] On May 2, 2013, Co., Ltd. obtained permission from D Park to use the second floor and F Kap in D Park for three years from May 6, 2013. Around June 26, 2013, Co., Ltd. directly operated G with H Co., Ltd., a company operating the above place, and entered into a contract with H, practically, to operate the said coffee store.

Han Part G, etc., from March 2013 to July 2013, 2013, invested in the second floor of the above building E in the victim I, J, K, L, M, etc. and the second floor of the building E and the F carpet, etc., the payment of operating profits would be made, and the total amount of KRW 800 million would be paid to the victim, J, K, L, and M, etc., but it was not possible to operate the business on the ground that the sales of spats, spat and spat spat excluding coffee specialty in D Park violated the profit-making purpose.

Accordingly, the Defendant received a request from G to normalize the management of the above company as a result of delegation of the management of H by the above company, and accepted the request, and became involved in the management of the above company from the end of July 2013.

From the end of July 2013, the Defendant issued a false statement to the victim I at the H office located in Dongcheon-si N, “The current situation where internal settlement is impossible due to excessive corporate debt, the investment amount of 800 million won, changing the business type of the second floor of the E-M building, allowing the victim I to operate the Heer and take over the F Kaf C coffee, and paying 40 million won, except that there is the money already invested, and the issue of changing the business type of the Heer water leakage immediately is different from D Park Park.

However, the facts are.

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