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(영문) 서울동부지방법원 2015.12.22 2015고정1427
사기
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On June 2014, the Defendant stated that “C” of the 1st floor underground floor of Gangnam-gu Seoul, Seoul, in which the Defendant was operated, would give approval 10 days after the delivery of food materials to the victim D during the oil period. Moreover, the Defendant provided food materials to the Lestop in Korea.”

However, even if the defendant is supplied with food materials from the victim, he did not have the intention or ability to pay the cost to the victim.

The Defendant, as above, by deceiving the victim, received food materials equivalent to KRW 11,198,80 from July 3, 2014 to December 12, 2014 from the victim.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Statement made to D by the police;

1. Application of D's Acts and subordinate statutes on the complaint;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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;

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