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(영문) 서울남부지방법원 2016.09.28 2015고단4739
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2015 Highest 4739] From February 10, 2014, the Defendant leased five floors (5001 to 5014) of the F Building in Gwangju-si from Madon Development (State) to operate “G”.

On February 9, 2015, the Defendant recommended the victim I to join a membership with the phrase “If he/she has joined a member under an annual agreement of one year with cash 500,000 won at a discounted price, he/she may freely use the emblem facility by February 8, 2016” to the effect that “The Defendant may use the emblem facility by not later than February 8, 2016.”

However, on February 30, 2014, the Defendant: (a) took over the above rank of KRW 220 million from J; (b) agreed that “The Defendant shall pay KRW 500,000 as of the end of each month from March 31, 2014 to February 28, 2016; and (c) paid KRW 100,000 as temporary payment on February 28, 2015”; and (d) further, on June 30, 2014, the Defendant did not have an intention to use the above rank of KRW 10,000 for the first 20,000,000 for the period of time when the obligor delayed the payment of the debt twice after the date on which the process deed was drawn up; (b) the Defendant did not have an intention to use the above share of KRW 15,00 for the first 20,000 for the period of time from September 20, 2014 as well as for the Defendant’s first 14,0.

The defendant deceivings the victim as above, and makes an annual arrangement at the same time against the victim.

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