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(영문) 서울북부지방법원 2017.01.18 2015고단4278
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On June 28, 2012, the Defendant is the actual operator of the LAG established for the franchise business purpose (hereinafter referred to as the “G”), and G leased four food beverage stores located in H Station, I Station, J Station, and K Station (hereinafter referred to as the “LB group”) from Seoul QA on June 28, 2012 during the lease period from June 28, 2012 to August 17, 2015.

On October 11, 2012, the Defendant entered into a lease agreement with the victim N on the food beverage store located in the said I Station (hereinafter “instant agreement”) at the Gangnam-gu Seoul Office (Seoul MM 2602 G office) on October 11, 2012, and the victim “The rent is 20% of the monthly sales, but the monthly sales are more than KRW 30 million, and there are many rents.

If expenses are paid by concluding a contract, it is intended to operate a coffee shop.

“If the security deposit, etc. under the lease contract is paid, the said store made a false statement as if it would normally operate a coffee shop in the said store.

However, in fact, G is written in the indictment as “Defendant,” but the subject who entered into an entrusted operation contract with the director of the dispute resolution committee is G, and even if it is changed to G without changing the indictment, it is not recognized as impeding the Defendant’s exercise of right to defense, thereby changing it to G ex officio.

Around May 2012, seven stores, including P station, (hereinafter referred to as "LC Group") and eight stores, including Q station, (hereinafter referred to as "LA Group") entered into an entrusted operation contract (the operating period from May 21, 2012 to July 10, 2015), and re-entrusted the above store to the occupant, including R, and received more than KRW 900 million in total, including the deposit, etc., after the dispute arises between theO and the sales station, with the contract terms and conditions, such as the rate of the sales rent, and the entrustment contract with the occupant, was terminated, and the deposit, etc. was refunded on August 2012.

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