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(영문) 서울동부지방법원 2017.07.05 2017고단480
사기
Text

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

However, the execution of punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, in relation to the victim D, E, and F, was in a pro rata relationship with former members of the National Assembly, and acted as if he had a considerable connection and refluence, such as engaging in activities as if he could be able to provide the right to operate food stores for the rest of an expressway, and caused the victims to misunderstand that he/she had such will and ability.

1. The Defendant committed a crime against the victim D around December 24, 2013, at the mutual infinite coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant: (a) made profits of KRW 200,000 per month to the victim “at least two million per month since it appears that the sales store of the original rest area of the expressway was operated between several months.

20 million won shall be allowed to be accompanied by the right to operate the original capital of the Republic of Korea on the face of the State.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not have any authority to transfer the right to operate the food store at the time of the expressway rest area, and not only did the delinquent tax amount exceed 40 million won, but also did not have any intention or ability to transfer the right to operate the food store even if the Defendant received the delivery of KRW 20 million from the Defendant, because the Defendant was in a situation where the delinquent tax amount exceeds KRW 40 million and repaid his personal debt by means of return

Ultimately, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Nonghyup Bank account (H) in the name of the Defendant.

2. Crimes against victims E;

A. On January 6, 2014, the Defendant has the right to operate a fattopy store at four places where the Defendant worked in the J office located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, for the same travel company as the Defendant.

As the sales store of the original capital reduction has been operated between several months, at least 2 million won per month has been generated.

20 million won shall be allowed to be accompanied by the right to operate the original capital of the Republic of Korea on the face of the State.

The phrase “ makes a false statement.”

However, the defendant does not pay money from the victim for the same reason as the statement in paragraph 1.

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