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(영문) 서울중앙지방법원 2016.12.08 2016고단7922

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the representative director of (ju)B for franchise business, and entered into a consignment contract with the (ju) E which has long leased D stores of 230 square meters of the sixth floor of the Songpa-gu Seoul building C, and (ju)B's member stores to recruit the stores of 40 square meters and sell coffees, etc. at the above 40-class stores.

On April 18, 2014, the Defendant entered into a franchise agreement with the victim F to enter the victim F’s member store in the State B, and to operate the said carpet store in the name of G, and the same year.

6.3. Conclusion of a consignment contract with (E) the lessee of the above store.

However, the test of the above carpet store completed most of the interior of the above store (State) and the (State)B only completed the construction of 4,1140,000 won of the interior facilities, etc.

Nevertheless, during the process of concluding a consignment contract with the above 40-day store, the Defendant, who is an employee in charge, conspiredd to calculate and pay the interior work cost including the interior work cost already completed, as the amount of KRW 60,000,000,000 required for start-up consulting and placement expenses, etc. should be recovered.

On June 14, 2014, the Defendant: (a) concluded an Rotten contract with the said I at the 13th floor (main floor)B office of the Seocho-gu Seoul J building, under which (b) the said I completed all interior works, and (c) the said KRW 60 million, by dividing the said KRW 60 million into each individual construction column of the Rotten Corporation; and (b) increased the construction cost by dividing the said KRW 431,047,700 into the total contract price, including the item “the interior works” in which the said KRW 60 million was calculated as KRW 103,365,500; and (c) concluded an Rotten contract with the victim into the bank account in the name of K on the same day from June 16, 2014 to May 5, 2014.