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(영문) 서울중앙지방법원 2015.06.24 2014고단6063 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Criminal Power] On September 27, 2012, the Defendant was sentenced to one year and six months of imprisonment with prison labor and three years of suspended execution at the Seoul Central District Court on September 27, 2012, and the said judgment was finalized on October 5, 2012.

【Criminal Facts】

Since the Defendant had been engaged in entertainment tavern business since 2000, around the subway Station located in Gangnam-gu in Seoul, the Defendant was the president of an entertainment tavern business in the vicinity of the subway station in Gangnam-gu, Seoul. However, even though around 201, the Defendant did not raise any profit due to the business depression caused by the overall sports ties, and did not raise funds such as deposit, facility costs, and personnel expenses, etc. required therefor, but the Defendant did not have any considerable amount of debts incurred in running the business. Meanwhile, there was no difference in property or collateral assets, and there was no funds used during the process of raising money due to the bad credit standing, and there was no funds used in the process of making money from the illegal sports soil around that time. Thus, even if the Defendant borrowed money from the victim C, the Defendant did not have any intent or ability to repay the principal and interest as originally promised.

Although there are circumstances,

1. On May 2, 201, the Defendant’s entry into and exit from the said entertainment tavern, which was operated by the Defendant at the time of early May 201, stating, “If money is needed to make a significant increase in funeral services, it shall be used for one year, and if 100 million won is lent, 30% interest per annum shall be paid, and the principal and interest shall be repaid without a mold.” On May 2, 201, from the victim who believed the said horse as it is, the Defendant received KRW 100 million as a check from the Defendant’s office in Seocho-gu, Seocho-gu, Seoul, Seocho-gu, Seoul, as a check, for a loan.

2. On June 201, 201, at the same place, the Defendant concluded that “The principal and interest shall be repaid with a high interest on the loan of money to the Defendant as the transfer cost, the installation cost of a singing room, and the cost of an Acscopic with the belief that it is urgently needed to dispose of the said entertainment tavern and take over another neighboring main points.”

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