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(영문) 서울동부지방법원 2014.10.29 2014고단625
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall pay 90,000,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

1. The Defendant, from May 2009, is a person who operated a “E” singing practice room and a “F” entertainment bar on the first floor of the underground floor of the Songpa-gu Seoul Metropolitan Government D Building.

On July 2012, the Defendant transferred a screen golf course to the victim C at KRW 190,00,000 (20,000 KRW 60,000,000 for premiums) of KRW 19,000,000 for KRW 100,000 for key golf course in order to operate a key point in the form of drinking, musical, and dancing by aggregating a singing practice room and a screen golf course run by the party, which is operated by the Defendant. Since there is no money to be appropriated for the funeral hall due to the lack of money, the Defendant cannot reduce KRW 190,00,000 for each time. First, the Defendant paid KRW 5,00,000 for the down payment at any time, as well as KRW 30,00,00 for KRW 40,301,30,500 for KRW 5030,300,31,203.

However, at the time, the Defendant had no particular property and additionally lent approximately KRW 400,000 to raise expenses for the interior works of the above main place (the Defendant has to lend approximately KRW 400,000 to the victim a down payment, and the expenses for the interior works). At the time, the average monthly sales of the entertainment bar and the singing practice room are merely about KRW 20,000,000,000, and there was no plan to pay for the rent of the entertainment bar and the singing practice room. Since there was no particular repayment plan other than the main place of operation, the Defendant had no ability to pay KRW 140,000,000,000 within the payment period, even if he has been transferred the goodwill of a screen golf course from the victim, there was no ability to pay the remainder of the transfer price within the payment period.

The defendant is the victim from July 16, 2012 to July 24, 2012.

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