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(영문) 서울중앙지방법원 2019.02.14 2017고단7929
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2017 Highest 7929] On November 10, 2015, the Defendant: (a) at the “F number of stores” located in subparagraph (State) of the building C (State) in Suwon-si Building D; (b) established the victim with the victim to run a new brand franchise business; (c) organized the said “F number of stores” as the representative of the Defendant, and changed the trade name and store to “I”, a new brand; (d) the Defendant was short of the funds, and (e) made payments by December 21, 2015; and (e) made payments by December 21, 2015.

However, on October 31, 2015, the e-mail sent by the State Court of Justice the e-mail stating that “(A) shall withhold the review of investment in the State and shall resume the review of investment after March 2016.” The attraction of investment by the State Court of Justice was in de facto in a state of infinite, and otherwise did not come into the Fund until December 21, 2015. The e-mail with the State of (A) E to terminate a franchise agreement with the said “F number” was insufficient to cover KRW 180,000,000,000, not only was the funds to be paid for the establishment expenses and capital with the victim, but also there was no funds to be paid from the victim as the “F number of points” operated by the State of (A) in addition to the above “F number of points”, and there was no intent to use the funds from the victim for the repayment of the Defendant’s debt and the Defendant’s ability to use the funds by the loan deadline.

The Defendant, as such, by deceiving the victim, received from the victim a transfer of KRW 142,886,164 (hereinafter “the instant money”) from the K Bank account in the name of the Defendant on the same day under the name of the victim.

Accordingly, the defendant was given property by deceiving the victim.

[2018 Highest 3387] The defendant is additionally invested in M in KRW 50 million.

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