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(영문) 대전지방법원 2014.01.09 2013고단1127
사기
Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year and by imprisonment with prison labor for ten months.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

The Defendants are those operating a restaurant in the name of “F” on the first floor of the Seo-gu Daejeon E building.

The Defendants, even if they receive investment funds through the invitation of investors in relation to the operation of the above restaurant, have to pay various expenses, such as the rent for G Office in which Defendant A is the representative director, the interior expenses of the above restaurant, the expenses for securing food materials, and the fees for the use of the restaurant place. On the other hand, the Defendants did not own any property and did not have any intent or ability to pay to investors more than KRW 50,000 per month the proceeds of the above restaurant sales.

Nevertheless, the Defendants agreed to receive an investment under the condition that they would pay the investor H a 5,500,000 won or more per month, and then, at the G Office located in the second floor of the Seo-gu Daejeon Special Metropolitan City I building on July 9, 2011, Defendant B, “If the 120,000,000 won of the 120,000 won of the 120,000 won of the deposit is settled every month, the 5,500,000 won shall be settled every month, and when the 12,00,000 won of the deposit is completed, the 19,000 won shall be transferred from the victim to the other person in the 200,000 won of the 10,000 won of the 19,000 won of the 12,000 won of the 10,000 won of the 200,000 won

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness H and J;

1. Each prosecutor's interrogation protocol against the Defendants

1. Each police statement of K, A, H, L, or M, or a copy thereof;

1. Determination as to the Defendants’ assertion of the consulting service contract for business start-up, business registration certificate, consignment business franchise agreement, remittance slip, and deposit slip

1. (1) The Defendants’ assertion that the monthly sales amount of KRW 15 million should be determined by the market survey, and that the Defendant would pay the victim a profit of KRW 5.5 million per month. (2)

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