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(영문) 서울중앙지방법원 2014.06.26 2013고정2959

사기등

Text

Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who manages the E-store in the modern department store located in Gangnam-gu, Gangnam-gu, Seoul Metropolitan Government 456, which is directly managed by the victim D.

1. On June 7, 2012, the Defendant claimed meal expenses to the employees F of the victimized company at the Hyundai department store located in the 456-dong, Gangnam-gu, Seoul, Seoul, for the purpose of claiming meal expenses to the employees F of the victimized company in the H store located in the 4-dong, Gangnam-gu, Seoul on May 30, 2012.

In the phrase, the Defendant submitted a revolving demand form accompanied by the receipt issued in the above Afab. However, on May 30, 2012, the Defendant did not meet with his employees at the above Afab. The Defendant, by deceiving the victimized company, received KRW 92,00 from the victimized company around June 11, 2012. On July 3, 2012, the Defendant received KRW 92,00 from the victimized company. The Defendant, around July 3, 2012, at the modern department store located in the Gangnam-gu Seoul Metropolitan Mopo-dong 456, Gangnam-gu, Seoul, claiming for revolving expenses to F of the victimized company’s staff at the G restaurant located in Gangdong-gu Seoul, Gangdong-gu, Seoul.

"At the same time, I submitted a re-written request for meal expenses accompanied by the receipt issued at the above J cafeteria.

However, on June 29, 2012, the defendant did not have a common sense with employees in the above J cafeteria.

이로써 피고인은 이와 같이 피해회사를 기망하여 피해회사로부터 45,000원을 교부받으려고 하였으나, 회식을 하지 않은 정황을 알아 챈 피해회사에서 위 금액의 지급을 거절하여 미수에 그쳤다.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement made by K witness in the third protocol of the trial;

1. Each protocol concerning the examination of the accused by the prosecution (including the F replacement of the accused);

1. Cash receipts from each withdrawn set of money, cash receipts from H points of May 30, 2012, and cash receipts from J on June 29, 2012;

1. K mobile phone Kakaox messages;

1. Application of the statutes to reply to an order to submit financial information;

1. Criminal facts;