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Defendant shall be punished by a fine of three million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
The Defendant, as the substantial representative of “D” member shop, did not change the punishment on the mouth of “D”, with the intent to recruit a franchise store as if the penalty was entered, even though it did not change the punishment.
1. On August 3, 2012, the Defendant, at the head office of “D” store located in Daegu Suwon-gu, the head office, “D”, “D 36 years of age,” the victim F (hereinafter referred to as “D”) made scam by altering the punishment. The Defendant’s false statement to the effect that “D scambates are used for any other cam information and health, and that scamblings are used.” The Defendant received KRW 30 million from the victim in terms of the victim’s scambling and collecting expenses.
2. On August 11, 2012, the Defendant concluded that “D” head office located in the Daegu Suwon-gu Head Office was “D” and received KRW 29.5 million from the victim that “D created scams by altering punishment. It uses any other scam information and health-friendly and differentiated cattles.”
Accordingly, the Defendant, as seen above, received a total of KRW 59 million from the victims.
Summary of Evidence
1. Partial statement of the defendant;
1. Each legal statement of witness F and G;
1. Partial statement of the witness H in the court;
1. Investigative report (in case of submitting materials to the complainant F);
1. Application of statutes, such as a franchise agreement;
1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;