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(영문) 대전지방법원 천안지원 2018.04.12 2017고단822

사기

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of a sentence shall be deferred for a period of two years from the date this judgment becomes final and conclusive.

The facts charged.

Reasons

Punishment of the crime

On September 2015, the Defendant stated that, at the Defendant's D office in Seongdong-gu Seoul Metropolitan Government, the victim E is defective in the joint business of G cafeteria franchise franchise franchise in the commercial facilities of the original city F Complex in Seoul. The store lease deposit is 300 million won, which should be entered into a contract with H, and the deposit amount is transferred KRW 300,000,000.”

However, on September 17, 2015, the Defendant entered into a lease contract with the lessor H in-house in the amount of KRW 100 million and monthly rent of KRW 100,000,000,000,000 for the above commercial building. However, without notifying the victims, the Defendant, without notifying the victims thereof, transferred the amount of KRW 30,000,000,000 to the deposit account in the name of the management bank D on September 30, 2015, including KRW 150,000,000,000,000,000,000 as the deposit money, and acquired the amount of KRW 20,000,000 ( KRW 30,000,000) from the victims.

Summary of Evidence

1. The defendant's legal statement (the sixth public trial date);

1. Legal statement of witness E;

1. Application of joint investment contract, detailed statement of deposit transactions, and Acts and subordinate statutes of real estate lease contract;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime (a comprehensive selection of imprisonment, with labor);

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] In general fraud [Article 62(1) of the Act on the Suspension of Execution] [Article 62(2) of the Act on the Punishment, etc. [Article 62(1) of the Criminal Procedure and Article 62(2) of the Act on the Suspension of Execution] [Article 62(1) [Article 62(1) of the Act on the Punishment, etc. [Article 62(2) [Article 62(1) of the Act on the Punishment, etc. of Specific Fraud [Article 62(1)-2 of the Act on the Punishment,

1. The Defendant is the actual operator of the LABD established for the purpose of external franchise business.

On November 10, 2014, the Defendant would transfer the right of lease and the right of operation in KRW 200 million to the victim B at the “Law FirmJ Office” office located in Busan Shipping Daegu, Busan.

First of all, us.