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(영문) 서울동부지방법원 2014.10.23 2014고단971
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant is a representative director of C (hereinafter referred to as “C”) a coffee franchise company.

Around June 9, 2012, the Defendant entered into a franchise agreement with the victim E with regard to the above franchise in a coffee shop where it is impossible to know the trade name in Seocho-gu Seoul, Seoul, and agreed to perform the above franchise construction work at KRW 59,90,000 (Additional tax separate). Around that time, the Defendant requested H to perform the above interior decoration construction work at the same amount as the price of the construction work at the company G (hereinafter “G”), and remitted KRW 20,000,000 to the above G as the F construction contract amount, around June 12, 2012.

However, in fact, the Defendant agreed not to spend approximately KRW 10 million out of the 59.9 million construction cost that the victim paid to the H, but to divide it into H, and thus, the Defendant did not have any intent or ability to use the total construction cost to the F tegical Corporation.

Nevertheless, the Defendant, as if he had invested KRW 59,90,000 in the construction cost and had been normally engaged in artificial test work, requested the victim to take the cost of artificial test in an amount equivalent to the same amount by deceiving the victim and demanding the victim to take the cost of test work, which is in its entirety 39,90,000 won for contract deposit and intermediate payment around June 20, 2012,

7. Around December, 12, 200,000 won was deposited into the said C Juristic Account as a balance, and the 49.3 million won (200,000 won discount) was remitted to G among them, and acquired the difference by deceptioning KRW 10.4 million.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of a witness I;

1. Each protocol concerning the examination of the accused by the prosecution (including I and J parts);

1. Investigative reports (Submission of reports on the cases of J telephone, reports on the reception of reference witnesses by J telephone, and remittance data, etc. of suspect K construction cost);

1. Each estimate, the G management ledger, each deposit certificate, the construction contract, the interior contract, the deposit certificate, the deposit certificate, the warranty bond, and the warranty bond are related to the interior construction among franchise business.

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