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(영문) 서울동부지방법원 2013.10.16 2013고단565
사기
Text

The defendant shall be innocent.

Reasons

1. The Defendant, while running the instant business establishment located in Gangdong-gu Seoul Metropolitan Government D (hereinafter “instant business establishment”) from around April 2010, decided to sell the instant business establishment by manipulating the sales amount and the number of its members. On August 31, 2011, the Defendant sold the instant business establishment to the victim G at the 8th floor FF office in Gangnam-gu Seoul, Seoul, to the victim G from April 2010 to August 201, 201, “The instant business establishment is KRW 16 million, the monthly sales amount is at least 7 million, and the monthly net profit is at least KRW 700 to 100,000,000, and its members are also approximately KRW 700 to 100,000,000,000 won.” The Defendant sold the instant business establishment from April 20, 2010 to January 20, 2014.

However, even though from April 2010 to April 2011, the Defendant issued a credit card company G with the sales of the above business from around April 2010 to around April 201, the Defendant: (a) obtained approval for the sales of credit cards with the credit card company; (b) revoked the approval for the sales of credit cards with the credit card company; and (c) left the membership list as it is; or (d) additionally stated 125 false members as if he was a cash member even in the month in which the sales were low; and (b) made a list of false sales and members posted sales of 218,440,000 won

As above, the Defendant, by deceiving the victim, entered into a contract for the transfer of the instant business establishment with the victim, and affiliated therewith, seven million won as contract deposit on August 31, 201 from the victim G, and the same year.

9. 8. The intermediate payment: 28 million won and the same year.

9. On the other hand, only 35 million won was remitted to the Korean bank account as a balance and acquired 70 million won in total.

2. According to this legal and investigative agency’s statements by the witness G and this investigation agency, some statements by the Defendant and H’s investigation agency, each sales manipulation by the Defendant and H, sales statements sent by the Defendant and the Defendant’s wife, and details of transactions for filing a franchise store surtax report, H, the Defendant’s birth.

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