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Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
Reasons
Punishment of the crime
The Defendants operated the franchise business of G in Dongducheon-si, and Defendant A was in charge of the fund management by registering the above business in his name, based on the experience of franchise business, and Defendant B registered the above business in his name.
On October 13, 201, the Defendants made a false statement to the victim H that “In order to open a franchise franchise store, the Defendants should pay KRW 7 million for the first education expense, KRW 10 million for the first time, KRW 20 million for the first time, KRW 20 million for the performance of the contract, KRW 20 million for the performance of the contract, and KRW 120 million for the payment of KRW 100 million in cash. At the time of payment of KRW 100 million in cash, the Defendants would make it open within one month by appropriating the expenses for interior, collection, kitchen facilities and all the equipment.
However, in fact, the Defendants failed to operate I franchise from April 2010, and from around Dong in 2010, the Defendants started the above G franchise business and appropriated the funds through the debt. Since the above franchise was recruited and the profits or losses were incurred therefrom, even if the costs of opening the franchise were paid by the victims, there was no intention or ability to open the franchise normally.
The Defendants received from the victim KRW 20 million on October 14, 201, around October 15, 201 of the same year, KRW 10 million on or around October 15 of the same year, KRW 20 million on or around October 19 of the same year, KRW 20 million on or around November 1 of the same year, KRW 5 million on or around November 4 of the same year, and KRW 15 million on or around November 6 of the same year.
As a result, the Defendants were provided property by deceiving the victim.
Summary of Evidence
1. Defendant A’s legal statement
1. Defendant B’s partial statement
1. Each legal statement of the witness H and J;
1. Acts and subordinate statutes of the payment receipt, details of deposit transactions, written confirmation, content certificate, performance note, and franchise store contract;