logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 진주지원 2016.06.15 2015고단398
사기
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the fraud against the victim C is acquitted.

Reasons

Punishment of the crime

[2015 Highest 398] On June 3, 2011, the Defendant was sentenced to imprisonment with prison labor for a crime of bodily injury resulting from forced indecent act in the Jinwon District Court's Jinju branch on June 3, 201 and completed the execution of the sentence on June 6, 2012.

On April 2014, the Defendant introduced the victim F (n, 52 years of age) to the head office of H, Busan, Ulsan, and Gyeongnam branch office of H, Inc., the head office of H, Busan, Ulsan, and Gyeongnam branch office, which is the headquarters of the Kaf franchise, to the victim who wants to enter into the G member shop contract into the G member shop contract "B, the total amount of KRW 100 million of the G member shop down payment and the I E member shop payments, at the main place.

“The purpose of this is to make a false statement.”

However, in fact, the H head office did not delegate the right to enter into the franchise store contract or the right to receive down payment to the defendant, who is the head office, and since the G franchise store has to enter into the sales contract with the H head office in order to enter large marina, the defendant did not have the intent or ability to establish G franchise store in large marina, such as Iart, even if he receives down payment, etc. from the victim.

The Defendant: (a) deceiving the victim as above; (b) KRW 30 million around April 25, 2014; and (c) in terms of the contract deposit and large-scale marina sales expenses from the victim; (c)

4.26.Woman 20 million won around 26.Woman;

5. Around 21.20 million won was remitted to Defendant’s account in total as KRW 90 million.

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

Summary of Evidence

1. Legal statement of witness F;

1. Part of the witness J’s legal statement;

1. A statement of remittance of deposits, a franchise application, a H-application agreement, a summary agreement, a Ulsan, the Ulsan, the Kimhae, and the contract for the branch offices of the Jinju;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes on investigation reports (the confirmation of the date of release);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Determination of the Defendant’s assertion of Article 35 of the Criminal Act for aggravated repeated crimes is given to G chain stores or title stores 1.

arrow