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(영문) 서울동부지방법원 2014.07.17 2014고단1527
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around August 17, 2009, the Defendant of the food cost fraud stated that “A victim D, operated by Yongsan-gu Seoul Metropolitan Government, performs a construction event at a building office in the vicinity of this restaurant, I would like to drink our employees at this time. The food cost would be responsible for and settled at the company at the end of every month, which would cause the employees to provide meals on credit. To this end, the Defendant would allow our company to operate a boom restaurant at the construction site.”

However, in fact, the defendant's company did not have any particular funds or profits and did not properly operate the business, and the defendant did not have certain revenues or assets due to bad credit standing, so even if he was provided food at the victim's restaurant, he did not have the intent or ability to pay food to the victim or have the victim operate the brin restaurant.

The Defendant received food equivalent to KRW 5,122,00 from the victim, i.e., KRW 50,00,00 from the victim, and from that time until January 31, 2010, food was provided from the victim in total at KRW 15,122,00, as shown in the attached Table of Crimes (1).

Accordingly, the defendant acquired property by deceiving the victim.

2. The Defendant borrowed money at the above restaurant on December 19, 2009, the Defendant called the victim F of the above D’s mother to the effect that he borrowed KRW 670,000,000,000,000,000,000,000,000 won, without molding it within 3-4 days.

However, even if the defendant borrowed money from the victim as above, he did not have the intent or ability to repay it.

In other words, the Defendant received 670,000 won from the victim as a loan from the victim at the seat, and from that time, 980,000 won in total from the victim four times, such as the list of crimes (2).

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