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(영문) 의정부지방법원 고양지원 2017.08.24 2016고단563

A defendant shall be punished by imprisonment for not less than one year and five months.


Punishment of the crime

[criminal records] On November 3, 2015, the Defendant was sentenced to a suspended sentence of two years for a period of six months for criminal fraud in order to establish a district court in Jung-gu District Court, and the Prosecutor and the Defendant appealed each other, and was sentenced to a four-month imprisonment with prison labor at the Jung-gu District Court on May 17, 2016, and the said judgment became final and conclusive on May 25, 2016.

[2] The Defendant is the representative director of the E Co., Ltd. (hereinafter “E”), who is in charge of the management of the company and fund management, etc., and F is a person in charge of the management of the company and E in joint operation with the Defendant, and the Defendant is a person in charge of the business of “D” sales contracts and operation, etc. with the Defendant and other large distribution companies.

Defendant and F entered into a consignment transaction agreement to sell and settle food products, such as Home Perler Co., Ltd. (hereinafter “ Home Perler”) and Eul’s supply. However, according to the agreement, E only delivers and sells goods at a place provided by Home Perler, and it is not possible to transfer or transfer the above contractual rights to a third party without the prior consent of Home Perler, so the trustee of the store operating right does not guarantee the rights and status as “D” owner, so E’s debt reaches approximately one billion won, and even if E’s sales store receives commission fees from the victim H, E does not have any capacity to guarantee the victim’s intention or ability to operate the Home Perler for a certain period of two years.

Nevertheless, under the direction of the defendant, F is delegated to the defendant with the authority to enter into an entrustment contract for the facilities and operating rights for the Home plus I "D" store, and E in J 503 around May 25, 2013.