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(영문) 의정부지방법원 고양지원 2015.07.22 2014고단2500
사기등
Text

A defendant shall be punished by imprisonment for five years.

An application for remedy by an applicant for remedy shall be dismissed respectively.

Reasons

Punishment of the crime

[2014 Highest 2500]

1. The Defendant is a person who recruited the “L” brand agent of the said company as an operator of K, Inc., a female franchising business entity in Ilyang-dong, Busan-dong, Busan-dong, JJC 302.

On January 27, 2014, the Defendant recommended the victim G to enter into the above K agency contract at the above company office, and, at the same time, granted “L” agency to the Incheon Mullet, if the sales deposit and the 10,000 won for the interior of the agency contract deposit, the Defendant registered directly at the headquarters as the agency deposit, and then deposited the sales amount after deducting the sales amount directly received by the victim and deducting the fees from the victim and deposited the sales amount to the head office, thereby guaranteeing KRW 2,50,000 per month regardless of the sales. The Defendant made a false statement to the effect that only the interior cost is extinguished and the deposit is returned upon the termination of the contract.

However, even if the Defendant received money from the victim as above, there is no fact that the Defendant entered into a contract with M for regular store occupants, and the contract is concluded.

However, M is only a contract to pay the balance after deducting the sales amount and the fee from the M, and there was no intention or ability to guarantee the 2.5 million won per month from the sales amount paid to the victim after registering the victim as the agent.

As such, the Defendant, by deceiving the victim G, received KRW 10 million from the victim G on January 27, 2014 and KRW 60 million on February 5, 2014, in the same manner as indicated in attached Table 1 from November 2, 2012 to February 5, 2014, and received KRW 60 million in total from the victims on six occasions, respectively.

2. On September 26, 2013, the Defendant evaded compulsory execution. Around September 26, 2013, at the above K office, the “O” and the “O” and the “O” as the clothing company operated by the victim N, a clothing company. 45.1 million won.

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