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(영문) 인천지방법원 부천지원 2017.04.13 2017고단17

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The fraud Defendant is the victim D at the Jongno-gu Seoul Metropolitan Government coffee shop around February 1, 2015, and the victim D is the Ep franchise president.

The operation of the coffee shop in the F Hospital is scheduled to enter E in that place.

It is the place where funeral services will be well established.

I would like to operate a coffee shop which occupies 30 million won as a franchise down payment to the F Hospital at the face of the principal.

“.....”

However, the Defendant did not have been able to properly confirm whether the E-mail was available to the F Hospital. In fact, the Defendant did not have any operator operating a coffee shop at the F Hospital only engaged in the above retail business or transferred it to others. Therefore, even if he received the above franchise deposit from the injured party, the Defendant did not have the intent or ability to enable the injured party to operate the E-mail shop at the F Hospital.

The defendant deceivings the victim as above and received 30 million won as the franchise deposit from the victim on or around the 17th day of the same month, and acquired it by fraud.

2. The Defendant: (a) entered into a franchise agreement with G, a business franchise company for Defendant’s management; (b) concluded a franchise agreement with L; and (c) transferred the said franchise to L, from September 14, 2015 to September 24, 201, the Victim K, operating “J” at H I branch located in Bupyeong-gu, Incheon; (c) received a total of KRW 30 million from L to the said company’s account as the premium for the said franchise; and (d) received a transfer of KRW 15 million from September 14, 2015 to the victim to the said company account; and (e) had the victim keep the remainder of KRW 15 million, which is the set-off and deducted from the victim’s debt to the Defendant; and (e) around October 14, 2010, the victim embezzled the remainder of KRW 5 million after remitting to the victim; and (e) used the victim’s funds for the operation of the said company at will at that time.

Summary of Evidence

1. Statement by the defendant in court;

1. K. B. A list of the suspect interrogation records (48) against the defendant.