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(영문) 창원지방법원 마산지원 2018.11.13 2018고단96

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Criminal facts

On June 4, 2016, the Defendant: (a) at the main point of “C” located on the 1st underground floor in Changwon-si, Changwon-si, Yongsan-si; (b) “C” located on the 1st underground floor in Changwon-si; (c) the victim D, who is the operator, imports KRW 500,000 per month as the head of the team in Korea from E; and

When receiving a deposit for lease on a deposit basis, the amount of the deposit will be paid with the amount.

The phrase “ makes a false statement.”

However, the defendant did not have any intention or ability to pay the drinking value.

As above, the Defendant: (a) by deceiving the victim; (b) provided the victim with an alcoholic beverage, an alcoholic beverage, an alcoholic beverage, etc. equivalent to KRW 199,00 on the same day from the victim; and (c) did not pay the price therefrom; and (d) from that time, the Defendant did not pay a total of KRW 5,404,00 on October 15, 2016 by the same veterinary method; and (b) did not pay a total of KRW 5,404,00 on 41 occasions; and (c)

Summary of Evidence

1. Legal statement of the witness D;

1. Part of the statement concerning the suspect interrogation protocol against the defendant in the prosecution

1. Part concerning each part of the protocol concerning the interrogation of suspect against the defendant in the police station

1. Statement made by the police against D;

1. A complaint filed in D;

1. Application of Acts and subordinate statutes to investigation reports (verification of the period of service of the person under investigation), investigation reports (person under investigation with the competent G of the F Gu Office), investigation reports (Attachment of the F Office's response), investigation reports (Attachment of the reply of the National Health Insurance Corporation, etc.), investigation reports (receiving of receipt and attaching of books);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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