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(영문) 서울중앙지방법원 2015.08.26 2014고단5624 (1)
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall take February 2013, 2010 million won or more to the applicant for compensation.

Reasons

Punishment of the crime

The Defendant is an internal director or manager of J Co., Ltd. (mutual change to K on March 21, 2013) established for the purpose of IT information and communications business, distribution of food, signs, health food, and domestic and overseas franchise business, advertising business, and advertising business, and is a person who actually operates the above company.

around February 25, 2013, the Defendant used the victim I (the 41-year-old) for the preparatory fund to open the second floor M cafeteria of the Seoul Yeongdeungpo-gu LA building that will begin business in March, 2013 at the mutual influent restaurant located in Mapo-gu Seoul Metropolitan Government (the 41-year-old).

9. up to 15. Performance.

30% of the profits generated from the restaurant business rights shall be paid as interest, and 2.5 million won shall be paid as monthly salary and it shall be allowed to work at the place of business.

‘False speech' was made.

However, from June 2009, the Defendant borrowed approximately KRW 300 million in money in the process of opening the restaurant of the 7th and the 2nd floor of the above LA building, but the Defendant was found to have suffered losses due to the alteration of the 7th floor space and the detection of the 7th floor space and the violation of the Building Act after being punished. On February 25, 2013, the Defendant was unable to raise additional funds exceeding KRW 150 million necessary for preparing the opening of the restaurant business of the 2nd floor, and the deposit balance of the account managing the above company’s operating funds is 4.9 million, so it was difficult to pay the above restaurant management fees etc. The considerable portion of money borrowed from the victim was not only expected to have made repayment under the pretext of acceptance of funds, used other debts for the existing business, etc., but also it was difficult for the Defendant to borrow money from the victim and the victim to immediately borrow money from the 2nd floor of the 2nd floor.

The defendant.

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