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(영문) 서울중앙지방법원 2016.10.20 2016고정1669
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A is the representative of C Co., Ltd. who carries on franchise franchise business, and the victim D is the person who became aware of the defendant through the introduction of the branch.

On March 28, 2014, the Defendant made a false statement to the complainant on March 28, 2014, the Gangnam-gu Seoul E-building Co., Ltd., stating that “The Defendant may impose a lot of money on the complainants in the state of entering into a contract for various places, such as F department stores, in order to operate a ice cream store. The Defendant will use the ice cream production cost only one month if he/she lends it.”

However, in fact, even if the defendant borrowed money from the complainant, he did not have the intention and ability to repay it.

Accordingly, on March 28, 2014, the defendant deceivings the complainant as above and acquired the property of the amount after being paid 20 million won to the bank account in the name of the defendant in the name of the Dispute Resolution Co., Ltd. operated by the defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness D and G's respective legal statements;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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