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(영문) 서울동부지방법원 2013.11.22 2013고정1152
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged in the instant case is a person who operated the Internet Job Offering and Job Site called “C”.

On June 2, 2012, the Defendant made a false statement to the effect that, at the office of 1911 of the Busan-gu Busan-gu D Building No. 1911, “When establishing a regional store of the Internet job-seeking and job seeking site operated in Korea, the Defendant would pay the profits from KRW 500,000 per month to KRW 50,000,000 per month.” At present, Daegu-gu franchise store has a franchise store, and monthly revenue is KRW 50-1 million.”

However, there was no Daegu franchise store, and at the time, the operation of the job offering and seeking site was intended to start the business only with the borrowed money without the defendant's capital, so it was unclear whether the profit would have accrued or not, and even if the franchise fee was received from E, there was no intention or ability to pay the profit amounting to KRW 50-1 million per month.

The Defendant, by deceiving E as such, received cash of KRW 300,000 from E on June 2, 2012 as the cost of opening a franchise store, and acquired KRW 270,000,000 from the Defendant’s account (F) around the 5th day of the same month and acquired money by deceiving KRW 3 million in total.

2. The defendant and his defense counsel argued that they are true about job offering and job seeking services, and that they voluntarily determined the feasibility of business and invested in the opening of franchise stores.

3. Review of the records of this case reveals the following facts. A.

After seeking the job offer and job seeking service business (hereinafter “C”), preparing for six months in Daegu, the Defendant registered the business with the trade name “G” in Busan around May 2012, and reported the communication sales business, and reported the G to the Busan Regional Employment and Labor Office as “business providing employment information” and the means of providing employment information as “Internet (H)” on June 13, 2012.

B. Around June 2, 2012, the Defendant issued a business start-up manual to E, who found a local advertising site in the reported office.

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