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(영문) 서울중앙지방법원 2016.04.20 2015고단7156
사기
Text

A defendant shall be punished by imprisonment for one year.

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

From March 208, 2008, the Defendant is a G cafeteria owned by the F in the name of the business operator, comprised of E located in Seoul, Gangnam-gu and the first floor (hereinafter referred to as “instant cafeteria”).

F in return for the business, it was operated to pay 1.5 million won per month to F in return for the business, and it was operated to pay 3 million won per month from April 1, 201, and continuously to pay 3 million won per month.

On October 2013, the Defendant made a false statement to the effect that “In the instant restaurant, the Defendant: (a) lent the name of Chok-gu F, F, E, to a bad credit bad credit holder; (b) operated a G restaurant; and (c) transferred the restaurant, the Defendant changed the KRW 30 million rental deposit, KRW 30 million for the premium to KRW 30 million.”

However, even though the Defendant did not have the right to operate or ownership of the above restaurant, the Defendant did not have the intent or ability to transfer the above restaurant to the victim, the Defendant: (a) had the employee of the Gangnam-gu branch office of the Korea Food and Drug Association established the Gangnam-gu branch office of the Korea Food and Drug Association in order to acquire the proceeds by means of forging and using the “written succession to the status of the restaurant operator”; (b) “E” with the same reporter; (c) “E” with the same reporter; (d) “transfer contract” with the transferor; and (e) “E” with the “agent”; and (e) had the employee of the Gangnam-gu branch office of the Korea Food and Drug Association, which was aware of the fact on December 18, 2013, prepared the document of succession to the status of the above restaurant operator; (e) the document of business closure, transfer contract; and (e) forged and used the letter of delegation; and (e) prepared the name of the Seoul Food and Drug Administration as the “representative’s name” of the instant restaurant (K).

On October 29, 2013, the Defendant received KRW 10 million in cash from the injured party for the premium for the said restaurant in the instant restaurant, as shown in the list of crimes in the attached Form, in total, five times from that day until November 29, 2013, as shown in the list of crimes in the attached Form.

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