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(영문) 제주지방법원 2014.02.05 2013고단1003

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

At Jeju, the Defendant operated D Co., Ltd. in C.

1. On March 1, 2010, the Defendant made a false statement to the effect that “G” restaurant operated by the Victim FF in Seocho-si, Seocho-si, the Defendant would provide the victim with meals two weeks after he/she had placed heavy meals to Chinese tourists, who had been induced by the Defendant from March 10, 2010 to December 12, 2010.”

However, at the time, the defendant had no intention or ability to pay the principal and interest of 30 million won or more per month due to the debt of 1 billion won or more, due to the lack of payment of the principal and interest as the food received from tourists, even if he was provided with meals from the victim.

The Defendant, by deceiving the victim as such, received meals equivalent to KRW 17,723,00 from March 10, 201 to November 201, 201.

2. On April 2010, the Defendant made a false statement to the effect that “The Defendant would provide the victim with food services two weeks after he/she would provide the students, who traveled on the land from April 27, 2010 to May 31, 2012 at the same place as the early police officer” to the effect that “from April 27, 2010 to May 31, 2012.

However, there was no intention or ability to pay the price even if the victim received meals for the same reasons as the preceding paragraph.

As such, the Defendant was provided meals equivalent to KRW 70,43,500, from that time to May 31, 2012, including by deceiving the victim and being provided meals equivalent to KRW 1,719,00 on April 27, 2012 by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning F;

1. Application of Acts and subordinate statutes, such as written confirmation of payment, details of transfer processing, receipts;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent offenders is the amount of damage in this case.