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(영문) 서울중앙지방법원 2021.01.14 2020고단4694

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 26, 2019, the Defendant was sentenced to a suspended sentence of ten years in the Seoul Central District Court for fraud, etc., and the judgment became final and conclusive on December 14, 2019.

Criminal facts

The defendant is the head of the management department of the corporation B, who is in charge of the contract and business management of the C franchise store, which is a restaurant business of the company, and the victim D entered into a franchise agreement with the above company and operated the C Nowon-gu Seoul Metropolitan Government E2.

1. On May 2014, the Defendant is obliged to pay 18 million won at the head office to the victim at a mutually infinite coffee shop located in the Dongjak-gu Seoul Metropolitan Government Nowon-gu in order to extend the C merchant contract.

The phrase “ makes a false statement.”

However, the facts are as follows: (a) if a corporation is to act as a member of the Federation on a two-year basis, the corporation would receive KRW 5 million from the owner of the company, and (b) did not receive the royalty, and (c) the defendant received money from the injured party and did not report it to the company's side, and was thought to have used it individually.

The defendant deceivings the victim as above and was transferred KRW 18 million to the F Bank Account (G) in the name of the defendant around May 21, 2014 from the victim, under the pretext of royalties around May 21, 2014.

2. On May 2016, the Defendant would exempt the Defendant from the Plaintiff’s payment at the coffee shop set forth in paragraph 1, which entered into force on May 1, 2016, for the following reasons: (a) the Defendant would at the time exempt the Defendant from the Plaintiff’s payment from the payment of the re-member’s expenses: (b) at the coffee shop set out in paragraph 1,50,000.

The phrase “ makes a false statement.”

However, the facts were that the corporation B did not exempt the Plaintiff from the Plaintiff’s expenses on the pretext of the Federation, and the Defendant received the money from the damaged party and did not report it to the company’s side, and it was thought that the Defendant used the money individually.

The defendant deceivings the victim as above, and is named as the name of the defendant on May 11, 2016 from the damaged person.