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(영문) 수원지방법원 2016.07.14 2016고단698
사기
Text

1. Defendant A shall be punished by imprisonment for four months.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A and C are sentenced to imprisonment for 8 months and 2 years of suspended execution on May 30, 2012, each of which was sentenced to a violation of the Game Industry Promotion Act by the Suwon Friwon, and on September 13, 2013, the above judgment was finalized.

From June 201 to June 201, the Defendants operated a entertainment room in the name of “G” with three persons called “I” in Suwon-si, Suwon-si, Suwon-si, as well as the name of “I” (the Defendants’ share 35%). However, the Defendants repeated the opening and closing of the said entertainment room by regulating several times, and eventually closed the said entertainment room around February 201, and around June 2012, the Defendants continued to run the said entertainment room.

However, the Defendants, only with their respective investment funds, were insufficient to pay the funds for the liquidation of shares invested by the said G, and the monthly rent of the closed entertainment room, and were willing to use additional money from the victim J.

1. Joint crimes committed by the Defendants

A. On June 2012, the Defendants borrowed KRW 30 million with a lease deposit to take over entertainment rooms from the victim’s “L” restaurant operated by the victim in Suwon-si, Suwon-si, Suwon-si, Suwon-si, which is located in K, to the victim’s “L” restaurant, and with a variety of collection costs of KRW 30 million. If the Defendant borrowed only five months, he/she will pay interest on three occasions each month.

“.....”

However, in fact, although the Defendants attempted to operate a entertainment room as mentioned above as a partner, they were in the state of lack of investment funds at the time, and there was no money to adjust the shares of “G” and to pay the monthly rent. Thus, even if they used the money borrowed from the injured party as a fund for the opening of the entertainment room, they did not have the intent or ability to pay the borrowed money to the injured party by operating the entertainment room normally.

The Defendants, as such, deceiving the victim and deceiving the victim, up to July 7, 2012, KRW 30 million in cash at the “L” restaurant around July 7, 2012.

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