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(영문) 서울중앙지방법원 2015.07.16 2014고단7768

사기

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. On February 2013, the Defendant established a branch office as an instructor of the corrected clothes of “G” in the Gangnam-gu Seoul Metropolitan Government Ga, and operated the business with the victim F as a staff member of the E Beauty, which is located in the Gangnam-gu, Seoul. In addition, at the G head office, 100 of the revised clothes may be the head office at one time. Furthermore, at the G head office, 4.5 million won equivalent to 100 of the corrected clothes at the cost of establishing the branch office is to purchase 100,000 won of the corrected clothes at the head office, and establish a branch office at the main office, establish 100,000 won of the corrected clothes at the head office, and provide education to manage the customers, and provide profits from the business management of the branch.”

However, even if the defendant receives the cost of establishing a branch from the victim, some of the money has been paid to other salespersons or used at their own discretion, and some of the money has been purchased individually from other salespersons with the number of 100 of the clothes, and it was thought that the victim was admitted to door-to-door sales membership and registered as an individual business operator in the name of the victim. However, the defendant did not have the intent or ability to manage the victim's business by purchasing 100 of the revised clothes at the G head office and establishing a regular branch office to the victim.

On March 4, 2014, the Defendant received KRW 44.5 million from the victim to the agricultural bank passbook in the name of the Defendant for the expenses of establishing branch offices.

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

2. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, it is insufficient to recognize that the defendant had obtained money by deceiving the victim, and there is no evidence to acknowledge it even if the evidence submitted by the prosecutor was examined.

(1) H had a center in each region as door-to-door sales firms selling revised clothes of "G".

Each region;