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(영문) 수원지방법원 안산지원 2016.04.28 2015고정1641
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant and C are operating a business to introduce and receive fees to the convenience point users who want to transfer the convenience point to another person.

On January 2015, the defendant and C have moved to the victim B at the non-permanent location "D convenience store in the Gu of Ansan-si."

A good-quality and good-quality revenue shall be fine.

Upon the receipt of the above convenience point, subsidies from the head office shall be KRW 900,000 per month.

In order to receive the above objects, it is necessary to pay KRW 14 million, KRW 10 million, KRW 10 million, KRW 5 million, total of KRW 29 million, and other incidental expenses.

The phrase “ makes a false statement.”

However, in fact, since the above convenience store is difficult to operate the convenience store, it was difficult to waive the bond and transfer the convenience store, it was not necessary to pay KRW 14 million, real estate deposit, KRW 10 million,000,000,000,000 per month at the head office, and the defendant and C did not receive the above money and used it for personal purposes, such as their living costs.

Nevertheless, on January 15, 2015, Defendant and C received KRW 24 million from the injured party under the name of the deposit for goods.

Accordingly, the defendant and C were provided property by deceiving the victim in collusion.

Summary of Evidence

1. Statement of each police suspect interrogation protocol against the defendant or C;

1. Statement of each police statement with respect to B, E, F, and G;

1. Application of each statute stated in a letter of confirmation of receipt of down payment, real estate lease contract, certificate of contract, contract transfer contract of franchise agreement, request for consent to transfer of franchise agreement, and record of recording;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc., of Application for Compensation Order;

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