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(영문) 수원지방법원 2016.02.18 2015고정90
사기
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

On July 24, 2013, the Defendant stated the victim E’s written indictment in D, which is located in D, Gangwon-gu, Gangwon-do, as “H,” but is obvious that it is a clerical error and correct it ex officio.

In F, the Defendant’s “G hotel” bill and the bill of indictment for the Ministry of Finance and Economy for the Ministry of Trade, Industry and Energy operated by the Defendant is written as “the total number of industrial resources,” but it is obvious that it is a clerical error and correct it ex officio.

A trade union and a resort resort use contract were concluded, and the defendant could not provide guest rooms due to the circumstances of the hotel operated by the defendant, so that the damaged person provides guest rooms, he/she will pay the guest room fees, etc. by receiving them from the above trade union.

The phrase “ makes a false statement.”

However, the defendant did not have the intention or ability to pay guest fees, etc. to the victim.

As such, the Defendant, as from July 19, 2013, by deceiving the victim and deceiving the victim, shall be from the victim to the same year.

8. By the end of 17.17. A total of KRW 13,678,00 for guest room usage fees ( KRW 7,158,000 for the Ministry of Trade, Industry and Energy + KRW 6,520,000 for the Ministry of Strategy and Finance) was not paid.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement protocol by the police for E;

1. Contracts for the use of guest rooms in each G hotel and contracts for the use of guest rooms;

1. Each investigation report (verification of suspect's Credit Union Account), (Verification of Criminal Complaint and Suspected Data), (Verification of Details of Transactions on Deposits in the Ministry of Finance and Economy, etc.);

1. Application of Acts and subordinate statutes to data concerning adjusting the amount of damage;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant, at the time, was sufficiently able and sufficiently able to pay the victim user fee.

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