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(영문) 서울동부지방법원 2019.02.13 2018고정1340
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 12, 2016, the Defendant was sentenced to imprisonment of one year and three months for fraud at the Seoul Eastern District Court on May 12, 2016 and the judgment became final and conclusive on June 7, 2016.

On January 2, 2015, the Defendant committed as if the Defendant would normally pay accommodation expenses at the victim (ju) C office store located in Gyeonggi-gun, Gyeonggi-do, and provided accommodation from the employee in charge after being provided with the above accommodation D.

However, at the time of fact, the defendant did not have any special property or income, and there was no intention or ability to pay accommodation expenses properly even if the defendant received guest rooms from the victim in a situation where creditors are injured by a debt amounting to KRW 30 million.

The Defendant, by deceiving the victim as above, received guest rooms from the victim, and provided accommodation, and did not pay a total of KRW 1,350,000 for accommodation expenses, thereby acquiring pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Evidential materials;

1. Previous convictions in judgment: Investigation report (Attachment of the judgment concerned), and application of Acts and subordinate statutes significantly to this court;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent 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;

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