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(영문) 부산지방법원 2017.05.18 2016고정3132
사기
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On December 7, 2015, the Defendant, as the representative of "C" the trade name name B located in Busan Seo-gu, the Defendant made a false statement to the victim at the F restaurant operated by the victim E located in Suwon-gu, Busan, that “A person would receive the construction cost from the employees on January 2015, 2015 when the construction is completed if the meals are offered to the employees until the completion of the construction.”

However, in fact, the defendant had no intention or ability to pay meal costs to the victim at the time of completion of construction because there was no particular revenue or property. The defendant had no intention or ability to pay meal costs to the victim at the time of completion of construction.

The Defendant, as such, by deceiving the victim, was provided with meals equivalent to KRW 1,418,50,00 in total from the victim.

Summary of Evidence

1. Part of a protocol concerning the examination of suspect of the defendant;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes bound in a complaint book;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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