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(영문) 서울중앙지방법원 2014.02.13 2012고단3049
사기
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A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

(State)The defendant is the representative director of E.

around August 25, 2011, the Defendant entered into a contract for the transfer of a business entity with the victim on the same day and received KRW 15 million from the victim on the same day, on September 7, 2011. On the same day, the Defendant entered into a contract for the transfer of a business entity with the victim, and received KRW 40 million on September 7, 201. On September 7, 201, the Defendant received KRW 150 million from the victim, such as “J” in the first floor of the Seoul Gangnam-gu I building, which is at least 14 million won per month, and received KRW 150 million per month, by arbitrarily manipulating the so-called “POS.”

However, the above store was only 20-300,000 won a day, and the monthly sales were also 600-9 million won, but the Defendant's source data produced by the Defendant was fabricated to transfer the car page with premium, etc. However, if the victim knew of the above fact, it was a situation in which there was no reason to conclude a business transfer company and franchise contract.

Ultimately, the Defendant acquired 158 million won from the victim as the name of the premium, etc.

Summary of Evidence

1. Statement of defendant's partial statement;

1. Statement in each legal statement of K, L and M;

1. A part of H in the police interrogation protocol against the accused;

1. Application of the contract for the transfer of a business entity, the J contract, the contract for the transfer of a business, the written agreement, the written agreement, the consultation on business start-up, each settlement output statement, sales table, each party trademark, and calculating statutes;

1. Relevant legal provisions for criminal facts, Article 347(1) of the Criminal Act for the choice of punishment, grounds for sentencing of imprisonment [the decision of types] fraud, and the amount below KRW 100 million and below KRW 500 million [the range of recommending punishment] 1 year - 4 years [the decision of sentencing] unfavorable circumstances: sales data.

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