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(영문) 수원지방법원 안산지원 2016.07.19 2015고정1641 (1)
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and C are those who operate a business of introducing and collecting fees to the convenience point users who want to transfer the convenience point to another person.

On January 2015, the defendant and C have moved to the victim B at the non-permanent location "D convenience store in the Gu of Ansan-si."

A good-quality and good-quality revenue shall be fine.

Upon the receipt of the above convenience point, subsidies from the head office shall be KRW 900,000 per month.

In order to receive the above objects, it is necessary to pay KRW 14 million, KRW 10 million, KRW 10 million, KRW 5 million, total of KRW 29 million, and other incidental expenses.

The phrase “ makes a false statement.”

However, in fact, since the above convenience store is difficult to operate the convenience store, it was difficult to waive the bond and transfer the convenience store, there was no need to pay KRW 14 million of the commodity deposit, real estate deposit, KRW 10 million of the real estate deposit, and the head office did not pay KRW 900,000 of the monthly subsidy, and the Defendants received the above money from all to use it for personal purposes, such as their cost of living.

Nevertheless, on January 15, 2015, the Defendant and C received KRW 24 million from the injured party under the name of the deposit for goods.

Accordingly, the defendant and C were provided property by deceiving the victim in collusion.

Summary of Evidence

1. Statement of each police suspect interrogation protocol against the defendant or C;

1. Statement of each police statement with respect to B, E, F, and G;

1. Application of each statute stated in a letter of confirmation of receipt of down payment, real estate lease contract, certificate of contract, contract transfer contract of franchise agreement, request for consent to transfer of franchise agreement, and record of recording;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc., of Application for Compensation Order;

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