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(영문) 광주지방법원목포지원 2020.08.13 2020고단64
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, who was a person who operated the Silpo City “C” management shop in the Sinpo City B, was willing to manipulate the details of sales as if there was any sales more than the actual sales in order to receive more premium than the actual sales.

Accordingly, on June 8, 2018, the Defendant released the sales revenue of KRW 107,390,000 by issuing membership rights to 21 persons who do not actually use the said store, as if they were members, and offered the said data to the consulting company. On June 8, 2018, E, an employee of the consulting company, provided the victim F (G after the opening of name) with data containing the sales revenue, which was included in the above-mentioned sales revenue, to the victim F (G after the opening of name) at the neighboring coffee store near Samsung C&M, thereby making the victim believe that the said sales sales would be better than the actual sales.

Based on this, on June 15, 2018, the Defendant entered into a contract for the transfer and acquisition of the above store with the victim at the office of the D Co., Ltd. located in Gangnam-gu Seoul, Seoul, and received a total of KRW 70 million from the victim to July 16, 2018 in total three times from that date until July 16, 2018 to the Defendant’s bank account.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement statement statement statement of F, F’s police protocol of the police interrogation protocol of the accused against the accused (second, second, and second, and second, the police interrogation protocol of the accused, and F’s statement statement statement statement of F in each prosecutor’s protocol of the accused against the accused (second, and second, the interrogation protocol of

1. Each police suspect interrogation protocol on I/E, each prosecutor's interrogation protocol on I (including F's statement);

1. Copy of the corporate register (Co. D), E-registered copy, report on start-up goods (the first), store guidance, sales table, cost calculation table in 2017 and 2018, business transfer and takeover contract, sales certificate, sales certificate, transfer of premiums, sales certificate, certificate of value-added tax base, real estate lease contract, and real estate lease contract;

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