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(영문) 대구지방법원 2013.04.24 2013고정279
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around 209, the Defendant opened and operated a restaurant, health training room, golf course, and reading room in sequence in the name of the Defendant or another person, and there is no other property to be funded by disposing of funds necessary for operation or immediate disposal. In addition, even though the Defendant has already raised funds equivalent to the deposit, etc. in the course of opening the business, there was no surplus funds due to the failure to manage the business and the failure to raise any revenue. In addition, there was no time to raise any surplus funds. Around that time, even though several business operators were engaged in construction related to the opening of the business, etc., but the Defendant could not perform economic activities, such as normal financial transactions, etc. under his own name due to poor credit standing, and thus, the Defendant did not have any intent or ability to pay the amount normally in accordance with the agreement.

Despite the above circumstances, the following:

1. From April 15, 2009 to May 21, 2009, the victim stated that the victim would pay the price according to the completion of construction, such as the opening of a restaurant, in the D cafeteria located in Daegu-gu, Daegu-gu, the victim believed that he/she would pay the price to the victim at the D cafeteria, which is equivalent to KRW 1,786,00,000 from April 15, 2009 to May 21, 2009, but the price is not paid;

2. Around May 7, 2009, the Plaintiff stated that “The payment will be made together with the unpaid portion as it ends when the construction work, such as windows, should be finished,” at the Daegu Suwon-gu FHz. FHz, and the victim believed that it would have been done from May 7, 2009 to May 21, 2009, but the payment was not made;

3. From May 17, 2009 to July 5, 2009, the victim believed that the victim would pay the price to the victim along with the unpaid portion of the G golf course as the completion of construction work, such as golf course glass hosting, etc., in the G golf course located in the Daegu Suwon-gu E, Daegu-gu. The victim believed that the victim would pay the price from May 17, 2009 to July 5, 2009

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