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(영문) 수원지방법원 2019.11.28 2018고정571

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 19:00 on July 21, 2017, the Defendant delivered food from 'D' restaurant 'D' operated by the victim C in Ansan-gu, Ansan-si, Annsan-si, with food amounting to KRW 64,00,00, such as franchi robing flabbing, etc., while exercising food value as if he would normally pay food value.

However, the defendant had no intention or ability to pay the food value normally.

Accordingly, the defendant deceivings the victim as such, and acquired the food amounting to KRW 64,00.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by a witness H in the 9th trial records;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to report internal investigation (referring to text messages transmitted by a victim and photographs of resident registration certificates of a suspected victim);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;