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(영문) 서울서부지방법원 2015.09.24 2015고정599
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant served as the representative of Mapo-gu Seoul Metropolitan Government and 101 Dong 3102.

around the end of July 2013, the Defendant ordered the Non-Formal Broadcasting Station located in Mapo-gu Seoul Metropolitan Government to put up office furnitures, such as books, chairs, and sof for executive officers necessary for open offices, as if he would normally pay the price to the victim Melela Co., Ltd. through E and F, at the non-commercial coffee shop.

However, since the defendant was unable to normally operate the office, there was no intention or ability to pay the price even if he received the order of the household.

On August 26, 2013, the Defendant, who believed to pay the price for the household, delivered 1,6170,000 won to the office office of the said D Co., Ltd., one book for executive officers and 24 items for office work, such as one book, and did not pay 1,617,00 won.

Summary of Evidence

1. Witnesses G and E respective legal statements;

1. Part of the witness F's legal statement;

1. Each protocol of suspect examination of the police against F (including the accused, H, and I statements);

1. The police statement concerning G;

1. Application of the tax invoice, detailed statement of transaction, and written certification [the process of delivery of the household of this case and the process of preparing a written statement of payment by D Co., Ltd. and the defendant, the progress of the accusation case related to the office security deposit of D Co., Ltd. leased by the defendant, E works for D Co., Ltd. and was not paid wages for a long time, E is working for D Co., Ltd., substantial ownership relationship with D Co., Ltd., Defendant currently uses the household of this case as his researcher

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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;

1. The defendant's age, character and conduct, and environment for the reason of sentencing under Article 186(1) of the Criminal Procedure Act, which bear litigation costs.

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