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(영문) 수원지방법원 2018.09.07 2017고단4845

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from May 2012 to May 2012, 2012, was working for the head of business in C, a corporation operating a franchise business from “B” to “B,” and the victim D concluded a franchise agreement with the Defendant on March 18, 2013 and entered into E.

On March 19, 2013, the Defendant sent a telephone to the above victim at a non-permanent place in Seoul Special Metropolitan City, and set the basic construction from E to E when entering the E.

instead, send 40 million won to E as basic construction cost, and send such money to Na.

D. However, 40 million won, which was sent as the construction cost of basic facilities, is a kind of premium and can be exercised at the time of later transfer of the store, and can be refunded.

“The purpose of “ was to make a false representation.”

However, in fact, there was no demand from the E to pay the above basic construction cost, and even if the Defendant received the money from the injured party, it was thought that the Defendant used 5 million won on his own as well as the remainder of 35 million won as Brer’s cost necessary to arrange for the above E-sale, and even if the victim delivered KRW 40 million to the Defendant, it was not a situation where the right to exercise or return the said money can be guaranteed.

The defendant deceivings the victim as above and was transferred KRW 40 million to the account of the F name Bank designated by the defendant on the same day from the victim.

The Defendant was indicted for fraud on July 28, 2017 and is currently pending in the judgment of the first instance court of Suwon District Court, which was currently being held by the Defendant, the 2017 Highest 6205 Highest 6205, and was a person who was the head of the business related to B of the coffee Business Co., Ltd.

1. On June 1, 2013, the Defendant related to the fraud of the carpet G is sufficient to set up a carpet G in H with the victim I in front of the H shop located in Seoul Special Metropolitan City, Nowon-gu.