beta
(영문) 서울서부지방법원 2016.01.29 2014고단1254

사기

Text

Defendants are innocent. All of the applicants for compensation shall be dismissed.

Reasons

1. The summary of the facts charged is that Defendant A served as the representative director of Eunpyeong-gu Seoul Metropolitan Government H department store I (hereinafter “I”), and Defendant B served as the said corporation I’s director, respectively.

The Defendants, on behalf of the above H department store 9th floor food store owners, intended to enter a new store in PPcot in the course of carrying out business, such as concluding a lease contract, etc. for PPcot store on behalf of the above owners, etc., the Defendants got off part of the money for the premium by making a false statement as if the sales of the above H department store are high, and offered to the Defendants for the use of part of the money for the premium.

1. On October 201, Defendant B recommended the victim J to enter the said Franco store at the above Franco store at the end of October, 201, according to the above public offering, Defendant B made a false statement that “The current state of the previous owner of the business has only a funeral in personal circumstances, and the monthly sales amounting to approximately KRW 35 million, which is higher than KRW 15 million from KRW 12,000 to KRW 15,000,000,000.” On the other hand, Defendant B made a fluent relationship with the victim J, and continued to do so, “The previous owner of the store will receive KRW 20 million,00,000,000,000,000,000,000 won.”

However, the monthly sales of the above store was 7 million won to 8 million won per month, and the previous shop owner K had given up the business because it was not a funeral, and therefore, K did not have formed the premium in the above store. In addition, K demanded 35 million won for the premium, or the Defendants did not have reduced the premium in 20 million won in her fling to K.

As above, the Defendants conspired to receive KRW 10 million around November 8, 201 and KRW 10 million on November 30, 201 from the injured party for the purpose of the premium, and acquired KRW 20 million in total in collusion, such as receiving KRW 10 million on November 30, 201.

2. The Defendant B’s fraud against the victim L is to store the victim food store around November 3, 201, according to the above public offering.