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(영문) 부산지방법원 동부지원 2014.08.20 2014고단688
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 15, 2013, at around 22:00 on May 15, 2013, the Defendant: (a) entered into a contract for the transfer of restaurant operating rights at the site of the redevelopment construction of D Apartment at the office of the Defendant located on the second floor of the Busan-gu building B in Busan-gu; (b) without the authority to transfer the above restaurant operating rights to C on behalf of the above redevelopment construction company; (c) without the authority to exercise as if there was no authority to transfer the above restaurant operating rights; and (d) entered into a contract for the transfer of the restaurant operating rights at the home without the authority to exercise as if there was the authority to transfer the above restaurant operating rights to C on behalf of the above redevelopment construction company; (d) in the field name of the site name of the site of the restaurant operating right written by C in Busan-si, Busan-si; and (e) in the party column “E” and “A” column “B” column of the parties to the contract.

Accordingly, for the purpose of uttering, the defendant prepared a copy of the contract, which is a private document on rights and obligations, with the qualification of another person without authority, and exercised the document prepared.

2. The defrauded, at the time and place specified in Paragraph 1, led the victim as if he/she had the right to transfer the above restaurant operating right on behalf of the victim corporation, the redevelopment corporation, by holding a copy of the contract on the transfer of the restaurant operating right prepared without authority as above, to the victim C.

Ultimately, the Defendant received 10,000,000 won from the victim’s new bank account in the name of the Defendant on the same day, and received 10,000,000 won from the same account on the 16th day of the same month, and received 16th day of the same year.

9.10. The receipt of 10,000,000 won in total from the same account and the transfer of 20,000,000 won in total to the same account on October 2 of the same year, etc. shall be granted 50,000,000 won in total under the pretext of the acquisition of restaurant operating rights over four occasions in total.

Summary of Evidence

1. Defendant's legal statement;

1. C, F.

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