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(영문) 서울남부지방법원 2015.11.27 2014고단4253
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

Around May 29, 2013, the Defendant, the Defendant, at the FB office in Geumcheon-gu Seoul, the Defendant’s Seoul E-building No. 1604, false statement to the effect that “I” would supply the victim G with “I” which is a product verified to have a outstanding effect in the management and the prevention of boom through clinical experiments for 12 years from the HH AC clinic center in the U.S., if the Defendant entered into a franchise agreement with the FF office in the FB office in which the Defendant would operate, “I”. The foregoing “I” was a product manufactured by importing the plant stem cell distribution that was independently research and developed in the U.S. and using it as a raw material.”

However, even if the defendant entered into the franchise franchise agreement with the victim, he/she only tried to re- supply the two-way products purchased from domestic enterprises J, etc. to the victim, and he/she did not have the intent or ability to supply the two-way products manufactured by importing the plant stem cell products that have been developed independently in the United States and to supply them to the victim.

The Defendant entered into the franchise franchise agreement with the victim G at the same place, and received KRW 50 million from the franchise fee in July 8, 2013, and received KRW 50 million from the victim G, and received KRW 190,000,000 from all four victims on four occasions as shown in the attached crime list in the above method, and acquired the franchise agreement with the victim's heading management center, and acquired the total amount of KRW 190,000,000 as the franchise fee.

Summary of Evidence

1. Each legal statement of witness K, L, M and G;

1. Application of each franchise agreement, each tax invoice, and each recording record;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination as to the assertion of the defendant and his defense counsel under Article 62(1) of the Criminal Act (the following extenuating circumstances among the reasons for sentencing)

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