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(영문) 서울중앙지방법원 2014.05.30 2014고단2275
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 29, 2010, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and completed the execution of the sentence in the Daegu Detention House on July 30, 2010. The Defendant is a person who operates G, a performance planning company.

The Defendant has been running a business by attracting investment funds from other persons and using the funds. Around April 2007, the performance of the “H P P P P P P P P P P P P Paw Asian Pa” promoted on and around April 2007 incurred approximately KRW 1 billion loss, and even thereafter, the Defendant bears the Defendant’s obligation of KRW 7-8 billion even at the present time when the performance planned by the Defendant continuously occurred.

피고인은 자신이 운영하는 회사 운영자금이 부족하고 계속된 공연 실패로 채권자들로부터 채무 변제를 독촉받자, 2010. 10.경 지인의 소개로 만난 피해자 I(여, 42세)에게 청춘합창단의 반주자로 근무하게 해 주겠다고 하거나 스낵코너 계약금이 필요하다고 속여 돈을 교부받아 사용하기로 마음먹었다.

1. On August 22, 2012, the Defendant defrauded 34,100,000 won by deception was false to the victim I at the (State)G office located in Gangnam-gu Seoul Gangnam-gu SeoulJ that “If the choir is prepared, then the choir activities will begin in good faith. If the conductor is in writing and there is a counter-owner who is a clerical error, he will commission him as a counter-owner if he/she lends money to the conductor as activity expenses.”

However, the Defendant did not have any intent or ability to allow the Defendant to act as a leader of the choir even if he received money from the victim because the Defendant did not actually promote the creation of the Cheongsa choir, and there was no intention or ability to repay the money even if he borrowed money from another person for about seven to eight billion won.

As above, the defendant deceivings the victim that he will be commissioned as a member of the Cheongsa choir, and is in the same year from the victim.

8. 22.2 million won.

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