beta
(영문) 부산지방법원 서부지원 2020.04.09 2018고단2861

사기

Text

A defendant shall be punished by imprisonment for two years.

An applicant for compensation shall be dismissed.

Of the facts charged in the instant case.

Reasons

Punishment of the crime

[criminal power] On May 9, 2019, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court and two years of suspended execution, and the judgment was finalized on May 17, 2019.

【Criminal Facts】

208 Highest 2861

1. On December 2017, the Defendant against the victim B concluded an exclusive consignment contract with the victim “F” in the “F” located in the Busan Northern-gu, Busan, for the franchise and H, to engage in the interior and food supply business, and there is a need for funds to be established and employed by the employees, even though the Defendant entered into an exclusive consignment contract with the victim, and the employees are also required to employ. There is a large number of waiting suppliers, thereby making an investment of KRW 170,00,000,000 to be recovered at an early date, and the principal would be 50% of the net profit.”

However, the Defendant was unable to properly manage the “I” franchise store in the state of debt without any special property at the time, and there was no H franchise store, and there was no intention or ability to compensate for the amount invested by the victim because there was no office to operate the franchise business.

Around December 6, 2017, the Defendant received KRW 50 million from the victim to his/her own national bank account (J) around December 6, 2017, and KRW 120 million to the same account on the eight day of the same month.

Accordingly, the defendant was given a delivery of KRW 170 million by deceiving the victim.

201 Highest 676

2. On February 1, 2018, the Defendant made a false statement that “If he/she lends KRW 20 million to the victim K as an exclusive store, he/she would have the victim K deliver alcoholic beverages to the exclusive store, and pay KRW 1 million each month from March 1, 2018.”

However, at the time, since approximately KRW 15 million has occurred every month, there was a deficit in the amount of KRW 15 million, the above store rent, profits from joint business operators B, and the wages of shop employees were not paid, and the defendant was only liable to the victim without any particular income at the time.