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(영문) 창원지방법원 통영지원 2014.07.04 2014고정224
사기
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Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 20, 2013, the Defendant made a false statement to the effect that “E” restaurant in the “E” restaurant of the victim D’s operation in the cafeteria, “If the victim executes construction works near the restaurant, and the details, amount, etc. are entered in the transaction account book, he/she will pay food for once a month.”

However, F Co., Ltd., to which the defendant belongs, was claimed for the payment of KRW 600 million from Taesung Integrated Construction, and the dispute related thereto is pending, and thus there was a risk of not receiving the construction cost properly, so the defendant did not have the intention or ability to pay the price normally even if he received meals from the victim.

Nevertheless, the Defendant, by deceiving the victim, was provided with food equivalent to KRW 620,000 in total over 26 times from around that time to July 12, 2013.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on the trading place;

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. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Around June 5, 2013, the Defendant made a false statement to the effect that “E” restaurant for “E” in the victim’s “E operation in the vicinity of the restaurant, and if the transaction account book includes the details of the food, the amount, etc., it would be paid once a month.”

However, at the time, F Co., Ltd., to which the defendant belongs, received a claim for progress payment of KRW 600 million from Taesung Integrated Construction, and the dispute related thereto was continued, and the mutual savings and finance company applied for a loan of KRW 500 million as facility fund, but did not receive it, and the defendant did not receive it.

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