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(영문) 서울중앙지방법원 2017.06.14 2017고단2560
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant

On September 25, 2014, after being sentenced to eight months of imprisonment for fraud at the method of flooding, the judgment became final and conclusive on February 13, 2015.

The defendant is the representative director of the W Co., Ltd. located in Guro-gu Seoul Metropolitan Government V Building 1214, and around May 20, 2014, the victim AS entered into a franchise agreement with W Co., Ltd. with AB, AC convenience store, etc. with large capacity computer system, and entered into a franchise agreement with the name card company and the points accumulation.

W. The points in each card company registered as a member and gathered in the AD card which is an integrated point card produced in W, and then, when used at a business establishment that has entered into W franchise agreement, the employer shall set aside 5 to 50% points in the user himself/herself.

W and branch or branch contract, and if the branch office pays an amount equivalent to KRW 3 million for the branch office, KRW 30 million for the branch office, and KRW 30 million for the operating expenses, the authority of the head of the branch office or the head of the Si/Gun/Gu having jurisdiction over the Myeon of the Myeon of the

When members are recruited and managed by entering into a contract for a branch or a branch, points equivalent to 3% of the sales that members settle with AD card shall be accumulated with the head of the branch or the head of the branch office.

These points were interchangeable in cash, and they were false statements to the effect that, as they could obtain at least KRW 9 million per month, they would be able to enter into a branch contract.

However, even if a card is used, it was not equipped with an independent computer network that can either be accumulated or distributed points, it was not concluded, and it was not possible to conclude a card terminal contract with a large company such as AB and AC convenience store, and the number of entering into a franchise agreement and the number of card members so as to be less than KRW 9 million per month, and it was not possible to guarantee the high-income of more than KRW 9 million per month. The defendant's operating method is to pay profits to the victim with new investments by inviting other investors after receiving investment funds from the damaged party.

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