(영문) 의정부지방법원 2020.09.11 2020고단1161

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Reasons

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(영문) 의정부지방법원 2020.09.11 2020고단1161

사기등

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around January 9, 2019, the fraud Defendant made a false statement to the effect that “E” restaurant located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, in which the victim D was operated, sent a phone to “E” restaurant and received hospital treatment.”

However, in fact, the defendant did not leave the above restaurant food.

Nevertheless, the Defendant received KRW 200,000 from the victim to the corporate bank account (F) in the name of the Defendant as compensation for the same day, and acquired the total sum of KRW 1,460,700 from the victims through the same method from August 28, 2019, such as the list of crimes in attached Form 28 times, from the victims.

2. Attempted fraud;

A. On July 30, 2019, the Defendant, around July 30, 2019, posted a call to the “I” restaurant located in the 3rd city of the operation of the Victim H, and attempted to obtain compensation by falsely speaking to the effect that “I drink food at that place, but received the hospital treatment, thereby compensating for KRW 35,00,00.” However, the Defendant did not refuse to pay compensation to the effect that “the victim could not be compensated without the treatment expense receipt, and the date on which I visited the Party was the day off of the restaurant,” thereby having failed to do so.

B. On July 31, 2019, around 08:53, the Defendant sought to obtain compensation by putting a phone to the “L” restaurant located at the time of the operation of the Victim K in Yangju-si, with the intent of “L” in a false statement to the effect that “a part of the hospital treatment fee was compensated because one part of the family was drinking at that place,” but the victim did not refuse the Defendant’s demand and attempted to commit an attempted act without having a telephone.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. M, N,O, P, and Q:

유사 판례

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-창원지방법원 진주지원 2019.10.10 2019고단840