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(영문) 부산지방법원 동부지원 2017.05.18 2016고단1182 (1)
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

The charge of violation of the Commercial Act is not guilty. The judgment of this case is rendered.

Reasons

Punishment of the crime

On February 18, 2016, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Busan District Court for fraud, and on February 26, 2016, the said judgment became final and conclusive.

The Defendant is the representative director of E, a corporation established for the purpose of coffee business. On May 2, 2013, 2013, the Plaintiff was in a state where rehabilitation commencement was decided by the Busan District Court and it was not substantially able to expand additional stores, and even if the head office management expenses, etc. are paid by the franchise store, the management of the company was not smooth, such as business operation funds and debt repayment expenses.

On the other hand, the representative director “G” in the name of “F” is the Seoul branch office that covers “E” as the head office, and was a company that did not have any sales or purchase outcome upon registration of a business operator around October 21, 2013.

On October 22, 2013, the Defendant, at the “I” business start-up office located in Seocho-gu Seoul Metropolitan Government H4th floor, (i) the victim J. “I”, “A member shop located in the special business district of the K building, which is a coffee specialty store, is located in the special business district of the K building and monthly sales amounting to KRW 15 million to KRW 20 million, and (ii) the Defendant would provide support for all inter-sect new technology, such as bread and cub, and thus, can enter into a franchise contract with E.

While speaking, “E”, the head office, is undergoing rehabilitation, and only around October 21, 2013, “G”, the said Seoul branch office, was registered as a business operator and did not notify the fact that there was no record of sales or purchase.

However, in fact, the monthly sales of the said K building franchise store did not amount to a maximum of 3.5 million won, as notified by the Defendant, and the said “E” had already been decided to commence rehabilitation at the Busan District Court on May 2, 2013, and the financial and credit standing of the headquarters of the franchise store was not good.

Nevertheless, the defendant is above.

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