beta
(영문) 부산지방법원 동부지원 2019.02.20 2018고단2018

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From July 2015, the Defendant is a person who has run franchise business with the trade name "C" in Busan Shipping Daegu E from July 2015.

On March 30, 2016, the Defendant: (a) reported the victim’s writing on the restaurant investment in the Internet site “G”; and (b) provided the franchise business partnership on several occasions; (c) subsequently, around April 26, 2016, the Defendant came to know of the victim; and (d) provided the victim with a “C” office located in the Busan Shipping Daegu E-M building H, Busan, with the payment of KRW 50 million to the victim within two months after entering into a business investment agreement; (c) registered the Plaintiff as a corporate director by converting CF franchise business into a corporate entity; and (d) registered the lease deposit claim against the company’s logistics warehouse in the amount of KRW 30 million,000,000,000,000,000,000,000,000 as security; and (d) made a false statement to the effect that the profits will be paid KRW 10% each month.”

However, at the time of fact, there was no experience in franchise business, and there was no fact that there was no profit from franchise business, and there was no idea that the victim will be registered as a director by converting the above "C" into a legal entity, and there was no security deposit because the "I" did not enter into a warehouse contract with the "I". Since the claim for return of the deposit for lease of the office was the fund of another employee J rather than the defendant's funds, there was no ability to dispose of it in the mind of the defendant, as well as the funds received from the victim were only used for repayment of the profits to other investors and living expenses, so there was no intention or ability to pay the proceeds of investment and the principal to the victim even if the investment was received, even if there was no intention or ability to pay them to the victim.

Nevertheless, the defendant is the victim as above.