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(영문) 광주지방법원 2016.07.21 2015고단5030
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On June 18, 2015, the Defendant, on the second floor of the laundry Factory in Naju-si, B, 2015, issued the victim D with the right to operate F points in 20,000 won deposit and 20,000 won premium in Naju-si E.

“.......”

However, the F in the note E is not operated directly by the defendant under the contract with the E.

In addition, since the defendant had already entered into a franchise agreement with another person on the above F, the defendant had no intention or ability to reduce the F point operation right even if he/she received money from the injured party.

The Defendant received from the injured party KRW 40 million on the same day.

Summary of Evidence

1. Legal statement of G or D;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. A loan certificate, franchise agreement, or a contract for entrusted operation of a laundry within the premises of E [the following circumstances revealed by integrating the above evidence and records, namely, ① the Defendant shall be KRW 8,80,000,000,000,000,000 per month, and monthly rent, and the Defendant shall stay in a laundry and shall not engage in business (Article 4(1)), and if the Defendant asks a third party to a laundry without the prior consent of E (Article 9(2)(f)]; ② the Defendant entered into an entrusted operation contract with H on April 13, 2015, with the content that the Defendant would receive KRW 70,000,000,000 from H on the premises of E (E) and paid the remainder of the laundry to H on the premises of 50,000,0000,000,000 won to the victim without the above prior consent of E (Article 9(2)(f))))).

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