beta
Text
A defendant shall be punished by imprisonment for five years.
The defendant shall pay 372,800,000 won to the applicant by fraud.
(e).
Reasons
Punishment of the crime
【2015 Highest 1105】 The Defendant is the representative director of corporation E, the purpose of which is to wholesale and retail business of organic agricultural products, and franchise business, located in Gyeyang-gu Seoul Metropolitan Government D. 306.
1. On July 2, 2007, the Defendant entered into a contract for business partnership with the victim G office, the sixth floor of the F building in Jung-gu Seoul, Seoul, for the establishment and operation of an eco-friendly organic farming franchise business with the victim, and the Defendant paid 50% of the profits from the operation of the directly operated store and the franchise store to the victim.
On November 22, 2007, the Defendant sent a written request for the payment of expenses of KRW 50,000 for rental deposit, KRW 125,000,000 for rental deposit, KRW 125,000 for rental deposit, KRW 5,500 for rental deposit, and KRW 59,540,00 for removal and store interior, KRW 12,730,000 for freezing facilities, and KRW 8,900 for other store facilities,00 for rental deposit, along with a written request for the payment of expenses at around December 20, 207.
However, the Defendant was in arrears with the Plaintiff’s 40,000,000 won every month since the K and L operation established as a direct management store was not well good, and was in arrears with the employee’s benefits and store rent. The Defendant was in arrears with the Defendant’s head office and the direct management store operating funds. The Defendant was unable to return the above lease contract and receipt, and even if the Defendant was forged and received money from the victim, there was no intention or ability to operate the said store.
Around November 27, 2007, the Defendant received 180,500,000 won from the victim as expenses for lease deposit, etc. to the account in the name of a national bank account, E Co., Ltd., and received 81,170,000 won as expenses for removal of facilities and interior, etc. from the same account around January 4, 2008.
This is the defendant.