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(영문) 전주지방법원 2014.04.10 2013고단1981

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Criminal facts

On September 5, 2011, the Defendant: (a) made and supplied the head office (the head office (hereinafter referred to as “the head office”) and the fireworks goods; and (b) entered into a contract with the head office to receive working expenses; (c) however, the Defendant was receiving working expenses for up to two months from the head office.

Around January 18, 2012, the Defendant entered into a license agreement with the victim E and F on the “D office” of the Defendant’s operation in Geumcheon-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, with the right to enter into a contract with the victim E and F on the tax world and the pre-North region, and to enter into a contract with the head office. When sending clocks to the head office, the Defendant sent 80% of the working expenses to the head office. 80% of the working expenses and 6% and 14% of the working expenses. At the same time, there are many persons who bring about 20 or more workers every day and bring about 70-80,000 won to each other. Accordingly, if the Plaintiff and the head office enter into a contract with the head office, 14% of the working expenses paid to the head office may bring about 14% of the working expenses paid to the head office in excess of the contract amount.”

However, the Defendant entered into a contract with the head office on September 5, 201, and did not receive working expenses for two months from the head office, and there was no one who would receive working expenses of KRW 70-8 million from the head office, and the working person was only one day to receive an average of KRW 100,000 per month, and thus, it was less in a situation where the Defendant could be allocated money to the Defendant.

The Defendant received KRW 3.5 million from the victim F to the victim F for the contract deposit of the team leader with regard to G, etc. on January 18, 2012, and received KRW 1 million from the victim E for the contract deposit of the team leader with the victim E for H, I, etc. on the same day, received KRW 7 million from the 19th day of the same month, received KRW 7 million from the 19th day of the same month, and received KRW 1300,000 from the 20th day of the same month.