서울남부지방법원 2014.09.02 2013고단3883



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


Punishment of the crime

[2014 Highest 835] On January 14, 2013, the Defendant concluded that “The Defendant would give the victim the right to Cfranchis franchise franchise franchise store(s) and the principal will be guaranteed three months after paying the franchise fee to the victim at the mutual infranchis shop located in Gangnam-gu Seoul, Gangnam-gu Seoul.”

However, in fact, the Defendant did not have any particular property, and the expense of the restaurant in operation was insufficient, and was intended to receive money from the victim to use the D’s repayment of debt, so even if receiving the franchise fee from the victim, the Defendant did not have any intention or ability to open the franchise store at all.

Nevertheless, the Defendant received KRW 6,180,000 from the victim, i.e., the Defendant received KRW 6,000,000 from the victim as the franchise fee, and received KRW 16,180,000 in total six times, such as the list of crimes in attached Table 1.

Accordingly, the defendant was given property by deceiving the victim.

[2014 Highest 1318] On February 28, 2013, the Defendant made a false statement that “The price of tobacco leaves will be paid immediately in the event that the Defendant supplied tobacco leaves to F. G. which is the victim development forest association in the Simnae farming cooperative in the Simpo-gu, the Simpo-ri, the Simpo-ri, the Simpo-ri, the Simpo-ri, the Ma

However, in fact, the Defendant did not have any intention or ability to pay the price even if he was supplied with tobacco leaves with the victim because he was supplied with the above leaves for dumping and was thought that the Defendant would settle the credit payment, etc. by other business partners who had not been paid the price.

The Defendant, as such, by deceiving the above G, was supplied with 10,000 tobacco leaves (b) around February 28, 2013; and around March 7, 2013, a total of KRW 33,00,000 tobacco leaves (b) around 20,000, around 200.

【2013 Highest 3883】 The Defendant is a victim J. (a) who operates a medical device-related business at the coffee shop, which is located in Yangcheon-gu Seoul Metropolitan Government H on June 2013, 2013.