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(영문) 서울동부지방법원 2014.11.28 2014고정854
사기미수
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant installed a coffee vending machine at the victim D Co., Ltd. (hereinafter referred to as “victim Co., Ltd.”) office in Seongbuk-gu, Sungnam-si, and managed it through the filling, cleaning, etc. of materials and paper cups, and claimed the price according to the coffee sales indicated on the said vending machine.

On April 30, 2013, at the victim’s office, the Defendant claimed a payment for 2,364 residues sold between April 19, 2013 and April 25, 2013 to an employee in charge of accounting affairs.

However, in order to clean coffee vending machines, the Defendant should conduct cleaning while putting on the washing string (when putting on the washing string, dividing the external coffee server of vending machines to clean the strings of coffees, etc.). Notwithstanding the string of washing strings, the Defendant took measures to open a front lid of coffee vending machines in the form of washing string and cut off the coffee, coffee strings, and racks in the future, and manipulates it into a way to increase the string of teas in the number of coffees outside of coffee vending machines. The actual sales of coffee vending machines at the time at that time, even though 151 balance, was 2,364 balance, thereby manipulatinging it to 2,213 balance of sales of coffee vending machines.

As such, the Defendant, by deceiving the victim company, received KRW 243,430 from the victim company the claim amount of KRW 2,213 as to the remaining 2,213, but the victim company attempted to confirm and refuse the operation of the Defendant.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the accused (including part concerning the E-examination);

1. Each legal statement of witness E and F;

1. Statement of the police statement concerning F;

1. Investigation report (investigative Record No. 1, No. 48);

1. The management time of the self-reader;

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