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(영문) 서울북부지방법원 2017.08.10 2015고단1104
사기
Text

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

Reasons

Punishment of the crime

The defendant is a person who is the actual operator of the C Building 112 D (State) in Gyeonggi-do, and is engaged in franchise business.

1. On December 2, 2013, the Defendant would make the Victim E with “F franchise business” at the above D office, and pay the price at the same time as the supply of consumed goods and the completion of the strawing construction of the main office, the headquarters logistics warehouse, G store store, G store store, and the supply of lab, lab, and other expendable goods.

“False speech was made to the effect that it was “.”

However, the fact was that the defendant was liable for the personal debt amounting to KRW 160 million, and that there was no business profit of the above D (State) operated by the defendant, and that there was an urgent situation to borrow funds for the employee's benefits and basic facility expenses, so there was no intention or ability to pay the victim the price for the interior works and the goods.

The Defendant, by deceiving the victim as such, had the victim do so, and had the victim do so work in the test of the head office and the franchise store, etc. from around that time to January 2014, and did not pay a total of KRW 63,723,935, thereby obtaining property benefits equivalent to the above amount, and received from the victim the amount of money equivalent to KRW 14,187,80 for the same period of time.

2. On April 14, 2014, the Defendant supplied the price for supply in cash on April 18, 2014 to the victim E, “D boomed Kim Hab because it is urgently required to do so,” and supply it to the victim E.

“False speech was made to the effect that it was “.”

However, there was no intention or ability of the defendant to pay the price for the goods to the victim due to the above circumstances.

On April 18, 2014, the Defendant, by deceiving the victim as such, received a delivery of a sum of KRW 1,716,00 from the victim of the damage, of KRW 1,716,00 for ced Kim Jong-bed packing.

Summary of Evidence

1. Statement of the defendant in the fourth public trial record;

1. Prosecutions against the Defendant.

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