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(영문) 대구지방법원 포항지원 2017.12.20 2017고정322
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 a person who conducts a building business with the trade name of C.

around September 2016, the Defendant would provide meals to the victim F who operated a restaurant E in Yangju-si D in Gyeonggi-do at Yangju-si at the end of September 2016, every 15 days at the high seas.

A false statement was made.

However, there was no intention or ability to pay food to the victim.

The Defendant was provided with meals equivalent to KRW 2,298,00 from October 1, 201 to December 5, 2016 at the above restaurant by the injured party.

Accordingly, the defendant acquired property benefits by deceiving the victim.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes on meal account books;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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