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(영문) 창원지방법원 마산지원 2013.10.16 2013고단367
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant received a temporary subsidy of 50 to 1.5 million won per month on April 30, 2012 from the end of February 2012 to the beginning of March 2012, when the delivery volume with E was small and accumulated, and the Defendant continuously expressed his/her intent not to renew the contract upon the expiration of the contract term of the E agency on April 30, 2012.

As such, the Defendant, while operating E and F’s subordinate agencies, sent attention to the home-based distribution business, while transferring the victim’s home area of E and F’s home area that is not adequate for business feasibility to the victim, in mind, received a high premium.

Around August 2012, the Defendant made a false statement that “The Defendant would give the victim the right to operate a family unit E and F company’s business with the right of KRW 80 million. The monthly profit would be KRW 5 million for a family unit E with the right, and KRW 1.5 million for a monthly E branch, and KRW 1.5 million for a family unit E., and around July 2013 for a family unit E to be closed by a family unit E., F will take over the business right, thereby making it possible to obtain a strict profit by making the Defendant take over the business right.”

However, in fact, even if the business area of the Dong area is operated in the whole area of the Dong area that is not the Dong-dong area, the net profit is not more than five million won if the personnel expenses, office expenses, oil expenses, etc. is deducted, and the net profit of the Dong-dong business is more than 1.5 million won, the subsidy is not necessarily received by the victim because it is temporarily granted, but it is difficult to operate the agency because the subsidy is less than the amount of the subsidy, and the amount of the subsidy is so low that it is difficult to operate the agency. The integration between F and I does not necessarily have the exclusive right in the Dong-dong area of the Dong-dong area, and even if F agency contracts prohibit some transfer of business rights.

The defendant.

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