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(영문) 서울남부지방법원 2016.11.01 2015고단3157
사기
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is that the Defendant was sentenced to imprisonment with prison labor for and without prison labor for a crime of fraud at the Seoul Western District Court on February 11, 2014, and for the same year.

4. 30. The person who completed the enforcement of the sentence in the Seoul Southern Detention Center.

On November 28, 2014, the Defendant made a false statement to the Seoul Guro-gu Seoul Metropolitan Government 210, and to the victim D that “E Company made a total sales contract with F of the manufacturing company of singing instruments. If a down payment of KRW 20 million is remitted, the Defendant would give the general sales right to the Incheon Regional Sales System.”

However, even if the Defendant received down payment from the victim due to the lack of the fact that the Defendant got the total sales contract right from the above F, he did not have the intention or ability to reduce the general sales right of the Incheon local area

Nevertheless, the defendant was transferred from her seat to 20 million won.

Accordingly, the defendant acquired money from the victim.

2. The Defendant and the defense counsel asserted that the Defendant and the Defendant concluded a franchise branch contract with the victim and the Incheon metropolitan area, granted the right to operate the Fing community business to the Incheon metropolitan area, and granted the right to enter into a franchise contract with the Incheon metropolitan area. However, the Defendant and the defense counsel did not deceiving the victim to grant the right to sell the Fing community to the Incheon metropolitan area.

3. Determination

A. All evidence submitted by the prosecutor is insufficient to acknowledge the fact that the defendant deceivings the victim to the effect that he would be entitled to the general sales right in the Incheon regional area on the premise that the defendant would be granted the victim the total sales contract right, and there is no other evidence to acknowledge it.

B. Rather, according to the record, the following facts and circumstances are acknowledged.

(1) Around September 24, 2014, the Defendant entered into a contract on the use of intellectual property rights with F Co., Ltd. as a substantial representative of E Co., Ltd.

(2) In addition, on October 2014, the new registration of a franchise business operator is made to the Fair Trade Commission, E, a company.

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