beta
(영문) 서울중앙지방법원 2015.10.16 2015고정2808

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

Punishment of the crime

1. On July 6, 2014, the Defendant, at the “C hotel in Jongno-gu Seoul Metropolitan Government,” and even though there is no intent or ability to pay accommodation expenses, deceiving employees as if they would pay accommodation expenses. The Defendant did not pay accommodation expenses of KRW 574,200 from that time to July 9, 2014, thereby acquiring property profits equivalent to that amount.

2. Around 20:00 on November 7, 2014, the Defendant: (a) induced that he would pay accommodation and food costs to G, who is an employee, despite the lack of intent or ability to pay accommodation and food costs; and (b) by deceiving that he would pay accommodation and food costs to G, who is an employee; and (c) acquired a pecuniary benefit equivalent to the same amount in the manner that he would not pay a sum of KRW 231,000,000, such as accommodation and food costs, from that time to November 9, 2014.

3. Around 14:20 on December 30, 2014, the Defendant deceptioned that he would pay accommodation and food costs to G, who is an employee, despite having no intent or ability to pay accommodation and food costs, and that he would not pay accommodation and food costs, thereby acquiring property profits equivalent to the amount of the said amount by failing to pay accommodation and food costs equivalent to approximately 156,00 won.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A complaint and a statement of H;

1. A report on investigation, a report on investigation, a reply to expert opinions, and a letter of arrest of a flagrant offender;

1. Application of Acts and subordinate statutes to CCTV output photographs, details of guest room use, and copies of requested amount;

1. Relevant Article 347 (1) of the Criminal Act concerning facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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;