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(영문) 서울중앙지방법원 2014.01.16 2013고정4787
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 2012, the Defendant is the representative of (ju)B, who is a franchise consulting company until early 2012.

On July 7, 2012, the Defendant stated that “The Defendant is running an open-type franchise business in Seodaemun-gu, Seoul, in the name of “B” in the office of the victim D located in Seocho-si, and that “F” will supply food materials to three branches, such as the store, the store, the store, the store, the store, and the store interest store, which is being traded within the territory of Seodaemun-gu, to the end of each month or each month.”

However, the defendant did not have the intention or ability to pay the price even if the victim supplies food materials because of the lack of economic circumstances to the extent that he could not pay the wages for the restaurant employees at the time.

As such, the Defendant, by deceiving the victim, had the victim supply food materials equivalent to KRW 128,59,00 to the F Trial Point on August 8, 2012, and did not pay the price, and had the victim supply the food materials equivalent to KRW 5,033,868 in total at 46 times until January 9, 2013, as shown in the attached list of crimes, from that time to time, and did not pay the price, thereby taking economic benefits equivalent to the same amount.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes of a record of telephone recording with each chain store owner, each tax invoice, the head of each sales office, the full certificate of registered matters, the business registration certificate, the telephone number of each chain store, the details of receipt and delivery of text messages, and the receipt

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 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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