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(영문) 서울중앙지방법원 2014.09.18 2013고단5670

사기

Text

Defendant

A shall be punished by a fine of KRW 3,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal Justice] On June 27, 2013, Defendant B was sentenced to two years of suspension of the execution of imprisonment for the crime of breach of trust, etc. in the Daejeon District Court’s Branch Branch of the Daejeon District Court on June 27, 2013, and the said judgment became final and conclusive on July 5,

【Criminal Facts】

The Defendants are de facto persons who were in a de facto marital relationship and have operated the “E” on the D2th floor in Dongdaemun-gu Seoul Metropolitan Government.

The Defendants conspired to enter into an entrusted management agreement with a third party on February 18, 201 with respect to the above “E,” and Defendant A entered into an entrusted management agreement with a third party on February 15, 201, in the subway 1 line adjacent to the subway 1 line in Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, the victim G, “POS directly connected with the head office” means 22% of the sales amount as commission, and the victim G uses one device for the device not connected with the head office, and other stores are operated in this way. While the other stores are operated in this way, it is regulating the store distribution, there is no problem that concluding the entrusted management agreement is being controlled by giving 20 million won to the employee of the Craraday Distribution, but if the stores are sold and sold, it does not mean that the down payment and the deposit and the premium should not be deemed to have been damaged by the operator.”

However, the Defendants agreed that the measures to terminate the contract and the execution security should be confiscated immediately when they transfer the whole or part of their management to a third party while entering into an operation contract with the Cown Distribution Co., Ltd. under Defendant B’s name, and that all or part of the rights and obligations under the contract cannot be transferred or lent to a third party or delegated the management of the store to a third party without the written consent of F. Thus, the victim cannot normally enter into an entrustment management agreement with the victim, and thus the victim received the down payment and the deposit.