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(영문) 서울중앙지방법원 2016.04.28 2015고단7797
사기
Text

1. The defendant shall be punished by imprisonment for 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

On December 22, 2014, the Defendant: (a) borne the rental fee for a building in arrears, management expenses for 25 million won for tight employees’ benefits; and (b) began to receive and operate the business license of “F F F F F F F Fent E clubs” on the fourth floor of the building in Jung-gu Seoul, Jung-gu, Seoul, under the condition that the Defendant would pay KRW 220 million for the premium.

On April 8, 2015, the Defendant continued marketing, such as 110% and friendly discount, and offered a discount on a long-term contract, to the victim G who was found as a customer at the above F F F F F F F F F F F F F F F F F F F F FM’s office, as if the Defendant continued to operate the F F F F F F F FM club in a normal condition.

was made.

However, in fact, the Defendant had no particular property at the time, and the personal liabilities were approximately KRW 300 million, and since there was a very difficult economic situation, such as that the rent of KRW 16 million per month is not paid once after the acquisition, there was no intention or ability to allow the use of the volatile club continuously even if he/she received money from the damaged person as the usage fee.

As such, the Defendant, by deceiving the victim, received KRW 340,00 for the use fee of a golf club from the damaged person for 12 months, and received KRW 18,00 from January 6, 2015 to May 3, 2015, and acquired KRW 18,00,00 from 49 victims as shown in the list of crimes in attached Table from January 6, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written complaint (Evidence 1, 6) and attached documents;

1. Application of each investigation report (the Nos. 7 and 14 of the evidence list) and accompanying Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Special cases concerning the promotion, etc. of compensation orders and a judgment of provisional execution;

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