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(영문) 수원지방법원 2019.07.11 2019고단2388
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From around 2016 to June 2017, the Defendant: (a) was operating a store for the head of a bank in C with the company in the name of the Defendant, and (b) was able to obtain money from the damaged company under the name of the Defendant, by deceiving the company from another place due to the low operating cost, lack of personnel expenses, national tax in arrears, etc.; (c) while operating the company in the name of the Defendant, the Defendant, who was a staff member of the victim Company D (the age of 58 at that time) and the Nonparty F (the age of 47 at that time) who is the representative of the said company, would have the Defendant take over the right to operate the head of G and the right to operate the store in E, F, under the name of the acquisition price for the right to operate.

1. On November 2017, the Defendant, under the name of the virtual contract deposit store store, concluded that, at the office of the victimized company located in Pyeongtaek-si H, the Defendant would have a relationship with the head of the department affiliated with the I, which is the contractor of Pyeongtaek-si, and that, upon paying the deposit amount of KRW 40 million to the I, take over the right to operate the parallel line, the head of the bank located in the second place and the store located in the downstream, and at least KRW 500-7 million per month when operating the said store, the Defendant would take over the right to operate the store.”

However, in fact, the defendant thought that he would use the money that he received from the victim company to operate the office fund and living expenses of the defendant, and did not provide funds to the I to operate the walpian sales store, and did not have a relationship with the head of the I's department.

Nevertheless, the defendant deceivings E/F as above, and 12.4 and the same month of the same year.

5. Accordingly, the victimized company received 3.5 million won and 6.5 million won from the victimized company to the Korean Cit Bank account (Account Number: J) in the name of the Defendant under the pretext of the virtual contract deposit with the head and the sales store.

2. On December 1, 2017, the Defendant was at the place specified in paragraph 1 of this Article to the said E and F at the place.

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