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(영문) 서울중앙지방법원 2014.06.13 2014고단2202
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From May 17, 2010, the Defendant served as (ju) EW representative director.

On June 5, 2010, the Defendant: (a) made a false statement to the victim EY (54 years of age) at the 15th floor of the Gangnam-gu Seoul AY Building’s office that “from October 10, 2010 to October 10, 2010, the Defendant would enable the victim to run the DK-based franchise store business at the Don Don Don Don Don Don Gan Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don Don n

However, the above (ju) EW and (ju) L used most of the investment funds received under various names from investors since the establishment of around May 2010 by the defendant as representative director, and was expected to be used by M for private use by the chairperson or for paying allowances to the existing investors, and it was also clear whether the money received from the victim can be opened at the safe rest area. Thus, even if the defendant received the money from the victim, there was no intention or ability to let the DK operate the franchise store business.

Nevertheless, the defendant deceivings the victim as above, and 60 million won was stolen from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement by the police for EY;

1. A franchise agreement for entrusted business;

1. A specification of transactions;

1. Application of Acts and subordinate statutes to certified corporate register;

1. In a case where a fraudulent act is committed in accordance with the pertinent Article of the Criminal Act and Article 347(1) of the Criminal Act regarding facts constituting a crime and Article 347(1) of the choice of punishment [the scope of recommendations] [the grounds for sentencing of imprisonment] [the scope of recommendations]] in the mitigated area (one to one year) of types 1 (the amount less than 100 million won) of general fraud [the special mitigation], or the degree of deception is weak (the decision of sentence], the number of damages in this case, the victim does not want the punishment of the defendant, and the defendant is currently serving in an appellate court after

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