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(영문) 창원지방법원 2014.04.18 2013고단1171

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 24, 2009, the Defendant made a false statement to the effect that “The Defendant would establish a franchise store of the Epp and Epin operated by D” to the victim in the automobile maintenance plant operated by the victim C in Kimhae-si, Kimhae-si, and that “The chain may be opened if 50 million won is invested in the amount of 50 million won as business start-up expenses.”

However, even if the defendant received investment money from the victim, the defendant thought that he will use it for the purpose of paying personal debts, etc., so there was no intention or ability to establish chain points for the victim.

A defendant, by deceiving the victim as such, was transferred on September 24, 200, 200 won under the name of the defendant for the purpose of investment in chain, on September 16, 2009, 5 million won on January 5, 2010, 1500 won on March 16, 2010, 150,000 won on March 16, 2010; 1.4 million won on June 23, 2010; 1.4 million won on July 13, 2010; 1.4 million won on July 14, 2010; 1.5 million won on August 30, 201; 200,000 won on September 15, 2010;

Summary of Evidence

1. Application of the Act No. 1-7, No. 10-12 to the evidence list submitted by the prosecutor

1. Relevant Article 347 (1) of the Criminal Act, the choice of a fine for the crime, the choice of a fine (including the fact that there is no criminal record of the same kind, and the fact that the victim cancels the complaint by mutual consent with the victim, etc

1. It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more;