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A defendant shall be punished by imprisonment for three years.
Reasons
Punishment of the crime
On August 13, 2015, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Cheongju District Court on August 13, 2015, and on August 18, 2015, the parole period passed on December 24, 2015 while the said judgment became final and conclusive on August 18, 2015.
"2019 Highest 542"
1. Crimes against the victim B;
A. On August 7, 2013, the Defendant: (a) from the victim on August 7, 2013, the 30 million won under the name of the convenience store in Gwangju branch office in Gwangju (hereinafter “E convenience store”); and (b) the same month.
8. The victim received a remittance of the sum of KRW 67 million, and delivered it to the persons concerned with the F Association, and caused the victim to entrust the above branch to the entrusted operation of the said branch. The victim, who heard from the victim the horses that “it is difficult to operate the said branch because of excessive distance from the inside and outside of the house,” stated that “the victim changed the E convenience point to another convenience store in the nearest place of the E convenience point,” thereby having the victim receive the remainder premium of the E convenience store on behalf of the victim.
Around November 2013, the Defendant stated that “The convenience store on the second floor of the headquarters of D (hereinafter “I convenience store”) is terminated immediately after the contract period is terminated, the Defendant would be able to operate the convenience store upon the completion of the contract at the H convenience store located in Gu office of the headquarters of D. The Defendant would operate the I convenience store with the money remaining when only one year of E convenience store.”
However, the Defendant received money from the J on December 2012 as the operating expenses of the first floor of the headquarters headquarters, but it was difficult to secure the right to operate the convenience store because it was not certain to secure the right to operate the store, and was intended to use the money from the victim as repayment of debts or living expenses. Therefore, even if receiving the above money, the Defendant did not have the intent or ability to reduce the right to operate the convenience store.
In this regard, the victim has the right to operate the E store following the victim, and the victim is the defendant with the amount of KRW 79 million for the 4-year premium received by the victim.