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(영문) 서울중앙지방법원 2018.12.20 2018고단5190
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative director of the high-romane B, which is the LOB, the LOB, and the LOB entered into a real lease contract with the D Business Headquarters and D, and the LOB has operated the LOB in a way that the EOB operates the EOB by recruiting the EO store and operating the EOB by operating the store in D.

On July 1, 2015, the Defendant entered into a franchise agreement with the victim H and 50 million won through G and set up and set up E member stores in Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu on July 1, 2015, and the same month.

2. The Defendant was notified by the person in charge of D of this fact on August 2015, 2000 won, but I entered the Corporation for a long period of time in order to provide New Zealand, and I was unable to establish E member stores.

1. In such a case, the Defendant did not have the intent and ability to establish E member stores for the victim to I, and the Defendant did not have the intent and capacity to establish the E member stores for the victim, and the damage amounted to KRW 20 million from the victim.

9. 22.10 million won was remitted to the national bank account in the name of the E-member bank in the name of each I for the remainder of the opening cost of the E-member bank.

2. After receiving money as mentioned in the above 1, Defendant 1 was unable to open E member stores in I, the Defendant 1 solicited the victim to work in the E store established in J to work in the first place until I was established in order to secure the victim’s experience, and had the victim know that I would still operate E member stores in I, and was remitted to the K K bank account under the name of the K bank account, which is the employee of the Dispute Settlement Bank Co., Ltd.

As such, the Defendant acquired a total of KRW 40 million from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on police statements made to H to H;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Suspension of execution (the point agreed with the victim and its depth is reflected, etc.);

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