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(영문) 서울동부지방법원 2018.08.22 2018고정23
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

around 13:00 on July 31, 2017, the Defendant called “Curel” 503 located in Gangdong-gu Seoul Metropolitan Government “E” operated by the victim D ( South, 48 years old) and ordered food equivalent to the total amount of KRW 49,300,00, including satisfaction, call, etc., and the price was transferred to the account on the following day.

However, in fact, the defendant had no intention or ability to pay the above amount because the defendant has already prevented loans and there are many obligations to pay in many places.

The Defendant received food delivery amounting to KRW 49,300 from the injured party as above.

Accordingly, the defendant, by deceiving the victim, has taken property benefits.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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;

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