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(영문) 서울서부지방법원 2017.03.10 2016고단3588
사기
Text

A defendant shall be punished by imprisonment for six 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 March 2013, 2013, the Defendant stated that “H” (the representative: I) display center in Yongsan-gu, Yongsan-gu, Seoul, came to 100 million won in the victim F, and jointly accepted it at the E church coffee shop, which was located in Yongsan-gu, Seoul.”

However, in fact, the Defendant was thought to use the money received from the injured party as personal debt repayment such as return of investment money to the Bay Center investors J, and as unpaid monthly pay to its employees, and there was no thought to use the said money as the acquisition money of the Bay Center. The Defendant did not have any intent or ability to jointly take over the sports center together with the injured party because it did not have any funds for taking over the sports center in bad condition of credit.

The defendant deceivings the victim as above and was transferred 20 million won to the National Bank Account (L) with the name of K on March 20, 2013 as the acquisition price of the sports center from the victim, and 15 million won to the same account following the day.

[In full view of the defendant's initial statement in the investigation and the victim's statement, it is recognized that the defendant received KRW 35 million as a fund for taking over the Yang Flux Center.

The Defendant used the above money, regardless of the acquisition of the Vitice Center.

On May 20, 2013, the Defendant entered into a lease agreement with the Yang Jae-dong Center (10 million won of the leased deposit, No. 50 million won of the down payment). However, the Defendant borrowed the rent of KRW 10 million of the down payment and the down payment of KRW 10 million, and the above loan agreement was reversed because the intermediate payment and the balance were not prepared.

The Defendant alleged that the lessor was unable to pay a large amount of management expenses, and that the said lease was destroyed.

C. However, according to the Defendant’s statement, the failure to prepare intermediate payments and remainder due to the management difficulties at the Yang Jae-dong Nice Center, which was entrusted at the time, was the main reason for the reversal of the above lease agreement (No. 1, No. 72, No. 32, No. 114-116, No. 11, No. 11, No. 39, the evidence list). Accordingly, the Defendant’s seal.

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