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(영문) 울산지방법원 2017.10.19 2017고단1167
사기
Text

Defendants shall be punished by imprisonment for a period of two years and four months.

Reasons

Punishment of the crime

[Basic Facts] Defendant B, as the representative director of the corporation E (hereinafter “E”), for the purpose of the traditional restaurant chain business in Ulsan-gu D and the first floor, was in general in charge of the business affairs of the said corporation. Defendant A, who is disadvantageous to the president of the said corporation, was in charge of the business affairs and public relations affairs such as attracting franchise stores.

The Defendants, using the business sign called “F cafeteria”, intended to run a restaurant business that sells food for the fested boom of swine, while difficult to operate the company and lack of funds. As such, the Defendants conspired to obtain money from the victims who reported and contacted such advertisement under the pretext of the franchise deposit, education expenses, and the number of expenses incurred in the production of cooking, by advertising the franchise recruitment advertisements to provide the franchise store free of charge upon completing education for the establishment of the franchise store in newspapers or the Internet site.

[2017 Highest 1167] Defendants will be free of charge a 100 million won franchise store at the time of completing the three-month contingent business start-up intensive education at Internet NAV website, G, etc.

The head office will be able to directly transfer to the successful know-how.

It will be free of charge the total cost of the store.

I would like to ensure stable sales.

It shall invest 100 million won to the Party as expenses incurred in conducting on-the-spot education for the education of definite food and service, 1:1 Lescopon, sales management know-how, as well as deposit, premium, and interior up to the interior.

"..." On June 17, 2016, the victim I who reported and contacted the above recruitment advertisement at H around Busan-gu Busan-gu, Busan-do around 17, 2016, will provide 8 F cafeterias at this place.

When paying the franchise deposit of KRW 20 million, the store construction is completed within three days, and the franchise store is opened by July 10.

However, in fact, the Defendants did not run the franchise business smoothly at the time and did not pay money as the down payment to the damaged party.

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