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(영문) 수원지방법원 2018.04.06 2017고단8445
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, “2017 Highest 8445,” was a person who was a de facto operator of “Company G” and “AR”.

1. On July 14, 2014, the Defendant entered into a franchise agreement with the victim Q Q Q in the Gangnam-gu Seoul Special Metropolitan City “AS office” office, “G is leasing “AT underground first floor 072,” and “AU” brand with the department store. If the Defendant entered into a sub-lease agreement with G in the amount of KRW 70,000,000,000, the Defendant would allow the victim Q Q Q to operate the “AU” brand brand at that place.

“A false representation was made.”

However, in fact, the defendant was aware of the fact that the above 072 sub-lease contract is not sufficient, and that he could not operate his business with the brand called "AU", and there was no intention or ability to allow the victim to operate his business with the brand called "AU".

The Defendant, under the pretext of the guarantee of “AU,” from the damaged person, as KRW 7,00,000 on July 29, 2014; KRW 32,000,000 on July 31, 204; and

8.6. 31,00,000 won in total, including the sum of KRW 70,000,000,000, which was delivered to the bank account in the name of the Defendant (state) that was operated by the Defendant, and acquired by fraud.

2. On October 14, 2014, the Defendant entered into a contract with the victim AK department store and a contract to enter AW restaurant in that the branch office of the branch office in Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City); and

The term "a contract to reduce the management right" was entered into, and the term "a request for KRW 100 million is made for the test cost, etc." was false.

However, the defendant did not conclude a contract with the above department store to enter into a business with "AW restaurant", and there was no intention to use it as a test cost, and there was no intention or ability to entrust the management right to the victim.

The defendant is a bank in the name of 1,000,000 won with the bank account in the name of AX on the same day from the victim, and a bank in the name of AR corporation on the 15th day of the same month.

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