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(영문) 서울동부지방법원 2014.08.14 2013고단1867
사기
Text

A defendant shall be punished by imprisonment for one year.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On February 28, 2012, the Defendant issued a false statement to the effect that “Around February 28, 2013, the Defendant would return the deposit within 30 days upon the termination of the store contract, with the deposit in which he/she acquired and opened the 30 million won store operation right after he/she acquired and opened the 300,000 won store operation right.”

However, the facts revealed that the Defendant did not have any particular income or property, and that the Defendant was merely a physical part of the joint investors to raise funds for the acquisition of the above age club, and thus, the acquisition itself was not made, and at the time, the Defendant did not have been finally transferred the right to lease the store operation right from the owner of the building to another person. Thus, even if the money was received from the victim, the Defendant did not have any intent or ability to give the right to operate the store or return the deposit at the time

As such, the Defendant, by deceiving the victim, was issued three copies of the cashier’s checks with KRW 10 million under the name of the deposit money from the victim.

Defendant A, “2013 High-class 2818”, who acquired the “former Gym clubs” in 101 underground of the building E, was preparing to operate the said gym clubs after changing the trade name into the “Fym clubs.” Defendant H, as the term “business president” of the said Fym clubs, was in need of approximately KRW 80 million, such as deposit money and operating funds for the operation of the gym clubs, and Defendant A, as the “business president” of the said Fym clubs, planned to operate the gym clubs by raising investors even if their own funds were not available.

Defendant

H around February 2012, 2012, "The opening and operation of a club is required to a total of 800 million won, 400 million won of lease deposit was paid in full, and 400 million won of the remainder operation fund is required.

If an investment of 160 million won is made, the equity interest in a golf club is held.

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