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(영문) 서울중앙지방법원 2016.06.30 2015노4753

사기

Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. The Defendant: (a) visited F’s office, a branch of which was located; (b) called “E” in the underground space of the building where the office was located; (c) provided meals together by nine members including F’s office employees; and (d) left one place at the last place; and (c) received a demand for accounting from D, a principal of the said restaurant.

The defendant does not have a duty to pay food to the defendant, because he did not have any intention to commit fraud, because he did not have a duty to pay food to the defendant at the ceremony held by the F.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The sentence sentenced by the lower court to the Defendant (200,000 won) is too unreasonable.

2. Summary and judgment of the facts charged

A. On April 28, 2014, around 23:10 on April 28, 2014, the Defendant ordered an order to kill and sub-jun, etc. with eight pedagoging in the public restaurant in the name of “E” operated by the victim D in Gangnam-gu Seoul, Seoul.

However, the defendant did not have an intention or ability to pay the above amount even if he did not possess a credit card, etc. to pay the food amount, because the cash in his possession is only 40,000 won, and otherwise does not have a credit card, etc. to pay the food amount.

Nevertheless, the Defendant, as if he were to pay it, did so, did not pay the same amount of money equivalent to KRW 126,00,000, which is the sum of 4 minutes (40,000,000), 3 parts (30,000 won) living together, 2 small-scale share (24,000 won), 4 small-scale share (16,000 won), 4 stories (16,000 won), and 126,000 won for food and alcoholic beverages (16,000 won).

B. The lower court determined that the aforementioned facts charged were guilty according to the evidence presented at the time.

(c)

The appellate court's judgment is recognized by the records of this case.