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(영문) 서울중앙지방법원 2014.02.06 2013고정3071
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The Defendant is a person who is the Secretary-General of D, who is a C support group.

On September 2012, the Defendant stated that “In G cafeteria operated by the victim F in the first floor underground of the Jongno-gu Seoul E building, the Defendant would provide meals outside the country, and pay the meals to the victim.”

However, in the case of “D” meetings operated by the Defendant, there was no regular profits. The Defendant did not have the intent or ability to pay food expenses even if food expenses incurred on credit due to economic difficulties. In fact, the Defendant transferred his office to the victim on October 18, 2012 without any contact, and did not pay the said food expenses until April 28, 2013.

Although the Defendant was provided with food equivalent to KRW 1,983,60 from September 20, 2012 to October 18, 2012 by the victim, the Defendant did not pay the meal cost.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Some statements in each police interrogation protocol of the defendant and H concerning the police officer;

1. The police statement concerning F;

1. Name cards (A, H);

1. Copies of books;

1. Application of Acts and subordinate statutes on details of passbook transactions;

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

1. Articles 70 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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