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(영문) 부산지방법원 동부지원 2015.09.03 2015고정187

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

The defendant is the representative director of the LAC which has an office in Busan Shipping Daegu B and B 1001, and the above company is the sales of "D", which is a food waste crushing machine, as its main business.

The Defendant: (a) around January 27, 2014, ordered E, a business employee, to install the victim’s food waste crushing machine free of charge to the victim in Busan-gu G and 102 Dong 1711, which is the house of the victim F (n, 49 years of age). On the other hand, the Defendant demanded the victim to pay KRW 22,000 per month from the company for every 36 months if the machine value is settled with the KB national card.

However, in fact, the Defendant received credit loans and paid the office rent. From January 2014, there was no surplus funds to the extent that employees’ wages were not properly paid, and H used machinery purchased 310,000 won per 70,000 won per unit from H company to operate the company in such a way as to make it impossible to generate profits by concluding an agreement to pay for the total amount of KRW 792,000 (36 months x 22,000) to consumers. Therefore, there was no intention or ability to pay for the above.

On February 10, 2014, the Defendant had the victim settle 700,000 won with the KB National Card in the name of the lease cost for the said mination period, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the interrogation protocol of the accused prepared by the police;

1. Statement or record of interrogation protocol of E prepared by the police;

1. Statement of the F prepared by the police;

1. Application of Acts and subordinate statutes stated in D Free Rental Agreements (No. 4 pages of evidentiary records);

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;