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(영문) 대구지방법원 김천지원 2019.07.10 2019고단401

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

The defendant was aware of the victim B who was a restaurant employee and was a guest, and was in an internal relationship, the victim was willing to present a false business plan and receive money to the victim who did not properly receive living expenses while opposing the defendant's employment.

1. Around March 19, 2011, the fraud Defendant: (a) around March 19, 201, at the studio of the Defendant’s residence located in the Gumi-si, the Defendant was aware of the victim’s “the same livelihood D is modeled in Seoul and is well aware of the president of the F shop in E; (b) money may be punished in the event of the installation of a machine to change sandd position in the store. There is no money; (c) but can be created and paid in connection; (d) the Defendant is obliged to install the machinery at the coffee store, such as G, H, I, and I, located in Gangnam-si. The price of the machinery is KRW 25 million per vehicle. The sand location is that the deposit amount of KRW 10 million per place in Seoul, purchased and supplied at the head office located in Seoul, is required.”

However, there was no business that the defendant referred to in fact, and the defendant did not have an intention or ability to conduct a business related to coffee store.

As above, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the K Bank account under the name of the Defendant on the same day, and acquired KRW 891,692,00 in total from May 23, 2016, from that time to May 23, 2016.

2. On October 26, 2012, the Defendant: (a) stated the details in the document form found through Internet search using a computer in the studio at the residence of the Gu and the Si of the Gu; (b) stated the “B”) “B” column in the “B name” column; (c) printed out the document in “M”, “representative”, and “N”; and (d) affixed a signature on or a pre-printed seal to the above name.