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(영문) 서울동부지방법원 2014.06.27 2013고단2774

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant against the victim B was a person who operates a restaurant with the trade name of “D” on the third floor of Gangdong-gu Seoul Metropolitan Government, and the victim B made a false statement at the above restaurant on February 2, 2013, stating that “if food materials are supplied, the price shall be paid on a one-time basis.”

However, even if the defendant is supplied with food materials from the victim, he/she has no intention or ability to settle the price by one week.

피고인은 위와 같이 피해자를 기망하여, 이에 속은 피해자로부터 2013. 2. 22. 고추장, 물엿, 식용유, 맛기름, 참기름, 깻잎지, 알마늘장아치, 더덕짱아치, 낙지젓, 콩자반, 땅콩조림, 돈돈가스, 우렁, 다슬기 등 시가 합계 278,000원 상당의 식재료를 공급받은 것을 비롯하여, 그 때부터 2013. 4. 16.까지 별지 범죄일람표 기재와 같이 시가 합계 5,420,900원 상당의 식재료를 공급받았다.

2. On June 26, 2013, at around 9:00 p.m., the Defendant made a false statement to the effect that “D” restaurant operated by the Defendant was “D,” and that “I would pay KRW 500,000 to the victim E, who is an employee, without paying KRW 500,000,000 for the party funeral management expenses.”

However, the defendant did not have the intention or ability to pay the expenses to the victim on behalf of the defendant on the following day even if the defendant paid the expenses on behalf of the defendant.

As above, the Defendant deceptioned the victim, and caused the victim to transfer the Defendant’s management fee of KRW 500,000 to the bank account of the above restaurant building owner F on behalf of the Defendant, thereby acquiring property profits equivalent to KRW 500,000,000.

Summary of Evidence

1. The suspect interrogation protocol of some police officers against the defendant;

1. Each police statement of B and E;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of the Director of the Sales Office;

1. Relevant Articles of the Act concerning the facts constituting the crime;