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A defendant shall be punished by imprisonment for four years.
All of the applicants for compensation are dismissed.
Reasons
Punishment of the crime
"2013 Highest 693"
1. Fraud;
A. A. On August 18, 2009, the Defendant stated that “Around the Gangnam-gu Seoul Metropolitan Government Office (ju)G Office, the victim H would arrange for a store to open a franchise store with several brands, such as J and K, which is the representative of K, etc., and I would like to prepare a business plan at the head office to make it more than 4 million won per month’s net income, such as the provision of new technology, employment and education of employees, and the establishment of food materials supply and cooking organization, if the Defendant pays to the Party the sum of KRW 75 million including the franchise fee of KRW 50 million and the lease deposit of KRW 25 million.”
However, the defendant was not the representative of the corporation I, and at the time of the first establishment of L, and the company operated for the franchise business was not a company with four employees as an individual company, so even if the merchant contract was concluded, there was no intent or ability to perform the provision of me new technology, employment and education for employees, and the preparation of continuous business plans to secure stable sales as agreed upon by the victim. At the time, the store operated separately by the defendant is in a state of deficit, and the company operating expenses was planned to be used as the operating expenses of the company, except for the minimum artificial expenses required from the franchise fee received from the victim due to the lack of the company operating expenses.
Nevertheless, the Defendant: (a) by deceiving the victim and immediately concluding a franchise agreement with the victim; (b) received KRW 10 million from the victim to September 7, 2009 as the down payment; (c) received KRW 50 million in total from the Defendant’s bank account in the name of the Defendant from around that time to around September 7, 2009; and (d) granted KRW 20 million to N as the deposit money, thereby acquiring property and property benefits.
(b).