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(영문) 창원지방법원 통영지원 2015.01.08 2014고단669
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was actually engaged in the business, such as the “E beauty room” in Ma-si, and the “F beauty room” in Ma-si. Around 2009, the victim C was employed as an employee of the “E beauty room” located in Ma-si, and worked in the “F beauty room” located in Ma-si, 2011.

When the Defendant was unable to open and operate a beauty room in his name because he was unable to obtain a beauty artist’s certificate, the Defendant borrowed the above certificate’s name and certificate from the victim who was holding the above certificate, and attempted to borrow money from the victim and obtain it by deception.

Around December 22, 2011, the Defendant: (a) at the “F Beauty Room” located in G at the above macrosace 201, the Defendant: (b) a beauty artist and a beauty artist’s certificate are required to be lent to the victim by leaving his/her employee who borrowed the name of the F Beauty Room located in G; (c) a beauty artist’s certificate is lent; and (d) a business operator is granted a license in the name of the victim (registration in the name of the victim) and borrowed money with a loan; (d) a fee for lending the certificate of qualification is also paid; and (e) an incentive following the sale of the beauty room is also paid more.

“Although the contents of the witness’s statement are additionally stated, according to the witness’s legal statement, the witness stated that the certificate of beauty artist was lent to the extent of three months, which is the period for which the defendant can obtain the certificate of qualification, and that he/she did not pay the borrowed money three months after the borrowed money, this part is excluded from the fact-finding.”

However, in fact, the Defendant bears an individual liability equivalent to approximately KRW 5500-58 million in total when there is a shortage of tax equivalent to approximately KRW 2-300 million in total at the time, while the above beauty art room operated by the Defendant continues to operate properly, and thus, the victim is the victim.

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