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(영문) 서울동부지방법원 2017.03.24 2016고단3441
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around October 2014, the defendant of "2016 Highest 3441" is the victim's "in the course of the internal E business" at a pharmacy operated by the victim D in the Seosung-si of Gyeonggi-do.

Not only general pharmacies but also animal pharmacies and F pharmacies will run chain business.

A false statement was made to the extent that it can be affiliated with the internal project, thereby making money under the name of a franchisee.

However, in fact, the Defendant did not have any business-related office and did not specifically promote the E business because there was no other pharmacy franchise agreement with another pharmacy, and therefore there was no intention or ability to obtain money from the damaged person as a franchisee even if he did not receive money from the damaged person.

The Defendant received total sum of KRW 5,637,00 from November 7, 2014 to G company bank account from the victim, including the transfer of KRW 3 million from November 7, 2014 to April 16, 2015.

On September 5, 2014, the Defendant 2017 Highest 200, at the office of the Defendant located in Yeongdeungpo-gu Seoul Metropolitan Government H on September 5, 2014, the Victim I is a company that manufactures and sells medical devices in Korea.

In the case of making an investment, it was said that it would make monthly payments for 20% or more of the monthly investments, and that it would make payments for earnings through consultation after one year from the date of the investment."

However, in fact, the Defendant was in preparation for the business of manufacturing and selling medical devices at the time and was not in progress, and there was no uncertainty as to whether the business of manufacturing and selling medical devices is definitely underway, and thus, even if he was paid investment money from the injured party, he did not have the intent or ability to pay the current 20% of the monthly investment money.

Nevertheless, the Defendant received 15 million won in cash from the injured party on the same day.

Accordingly, the defendant deceivings the victim.

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