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(영문) 수원지방법원 2018.07.12 2017고정2866
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant around November 28, 2016, at a notarized office located in Gangdong-gu Seoul Metropolitan Government, "A private teaching institute is operated in Songpa-gu Seoul Metropolitan Government, with deposit claims of KRW 100 million, and there is no monthly rent up to now.

I would like to borrow money due to the lack of money in operating the above fish driving school.

By March 27, 2017, the principal of each share was paid in KRW 1,40,00,000, and the interest was paid at KRW 27.9% per annum.

However, in fact, the Defendant did not have the deposit money to be returned to the lessor of the building due to the lack of the fact that KRW 100 million was paid to the lessor of the building in the course of operating the D Private Institutes. From October 2015 to December 16, 2016, the Defendant did not pay wages to workers and did not pay wages to others. Even if the Defendant borrowed money from the victim, such as having a debt equivalent to KRW 120 million, there was no intention or ability to repay the said money.

The defendant received property from the injured party by deceiving the injured party by being delivered KRW 20 million on the same day.

Summary of Evidence

1. The legal statement of the witness C;

1. Complaint;

1. The details of credit transactions [the defendant was in a business relationship between E and the defendant, but he was in a business relationship with E, while he did not actually pay KRW 100 million to E, who is a lessor of a private teaching institute building, and E had a right to receive KRW 100 million from E, since he prepared a lease agreement with the purport that he would invest KRW 100 million in the amount of KRW 100 million, without receiving a security deposit, and the defendant was entitled to receive KRW 100 million from E at the time of the instant loan.

The argument is asserted.

According to the submitted data, it is recognized that E has agreed to operate a private teaching institute as the defendant's partnership business, and to bear the test cost and the rent deposit.

However, according to the above agreement, E uses a building only by monthly rent without paying a deposit of KRW 100 million to the defendant.

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