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(영문) 대구지방법원 2017.04.14 2016고합550
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant, as he had access to the victim, who is a coloned elementary school of the victim D(42) and who is thought to operate a coffee store, and actually operated as a hostile, proposed to do so to the victim, so as to raise a high profit on the defendant's E shop, and the victim is a person who has invested in the business of coffee and cosution in accordance with the defendant's offer of business.

On June 2014, the Defendant agreed to enter the G restaurant located in the Daegu Suwon-gu F to the victim “H, a multi-level cosmetic company, has been entering the I commercial building, and the H knew of the high-level related party, and agreed to enter the E as a favorable condition.

It shall be operated as a partnership business in the name of E, but if it invests KRW 300 million, it will bear the remainder of KRW 100 million.

“A false statement,” and the same year

7.7. The road in front of the Daegu Suwon-gu I building requires 180,000 won, such as deposit money, etc. to conclude a contract on deposit with H immediately.

The phrase “ makes a false statement.”

However, at the time of fact, the key contract with H to move into the I commercial building was made oral and not finalized, and the contract was not made because it does not comply with the conditions of the coffee specialty that H wants.

In addition, from around 2011, the Defendant received approximately KRW 1 billion from J as a partner's money and operated a variety of stores such as coffee stores. However, the Defendant, without having invested a partner's money, used most of the previous businesses related to the stores in which he would operate, and opened the store in which he would run as a whole, and prevented the Defendant from returning the insufficient facility costs and operating expenses to the way of appropriating them with the profits of other stores that received an additional payment and the operation expenses, and as a result, from around 2013, most of the businesses receive cash services using credit cards, and the business funds and the business funds that are insufficient to receive the cash services using credit cards.

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