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(영문) 서울남부지방법원 2014.05.22 2014고단256
사기
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A defendant shall be punished by imprisonment with prison labor for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of D Co., Ltd., a landscaping company.

1. On May 25, 2012, the Defendant: (a) within the F Office of Songpa-gu Seoul Metropolitan Government, and (b) the Victim G entered into a contract with D Co., Ltd. on a set-off of 10,000 won for coffee specialty; (c) the 40,000 won per month for sales of 40,000 won and the 14,50,000 won per month; (d) H, the president of the Company, has been granted the right to establish and operate a coffee specialty agent of the J Group J Group K Vice-Chairperson, the motive of the I University graduate School, in special relation with the N. H. K., the Defendant, who is the president of the Company, is entitled to receive KRW 50,000,000 won per month. In particular, if he/she takes the first down payment of KRW 500,000,000 per month, he/she would immediately entrust the operation of a coffee specialty store to the department department 11.”

However, the Defendant did not have entered into a contract with a coffee store, and even if he received a down payment from the victim, he did not have the intent or ability to establish a coffee store in the department store store.

The Defendant, by deceiving the victim as above, received one sheet of the face value 50 million won issued by Nonghyup for the same day as the down payment from the victim, and fraudulently acquired it.

2. On July 5, 2012, the Defendant, at the victim M’s office of Gangnam-gu Seoul L Building 305 (Seoul) and, even if receiving money from the victim, he/she did not have the intent or ability to set up a coffee store in the slot department store, and he/she fraudulently obtained money from the victim, by transfering KRW 10 million from the victim to the head of one bank on the same day as the down payment, to the 10 million won as the down payment.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the defendant's interrogation protocol against the defendant.

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