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(영문) 서울서부지방법원 2014.10.29 2014고단1563
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant leased KRW 15 million and KRW 1,320,000,000, monthly rent of KRW 1,500 and KRW 1,322,00,000, and was notified on June 2013 that the amount of taxes in arrears exceeds KRW 20,000,000 and the amount of taxes in arrears would be forced to collect taxes by seizing the bank account in which card sales proceeds, etc. are deposited, and the Defendant was willing to collect taxes by force. In short, the Defendant had been urged to pay taxes for the amount of 14,00,000,000,000, and failed to pay the said restaurant by subleting the above restaurant to pay the said

Around June 30, 2013, the Defendant: (a) lent the above restaurant to the victim E with a deposit of KRW 30 million; (b) monthly rent of KRW 1.5 million; and (c) from March 2013, the Defendant had already failed to pay monthly rent of the above restaurant; (d) if the above restaurant was controlled once due to sound and reflective installation; and (e) if the amount of tax in arrears is recontrold again, the suspension of business would be immediately suspended; and (e) there is no problem in withdrawing the card sales by transferring the account under the name of the Defendant whose name the card sales amount is deposited, to the bank account under the name of the Defendant; and (e) concluded a commercial charter contract on the same day as the deposit money; (e) received KRW 5 million from the national bank account under the name of the Defendant; and (e) received KRW 15 million from the money under the name of the Defendant on July 21, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including a cross-examination);

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement of E;

1. Investigation report (F telephone conversations for reference) and investigation report (survey on the G telephone for reference);

1. Complaints, rental contracts, administrative disposition orders, administrative dispositions and notification of business places violating the Food Sanitation Act, sales slips and photographs;

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