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(영문) 부산지방법원 2017.10.26 2016고정602
사기
Text

Defendants shall be punished by a fine of 10 million won.

In the event that the Defendants did not pay the above fine, the above fine shall be paid on 100.

Reasons

Punishment of the crime

Defendant

A and Defendant B operated the Busan Jin-gu D and the 'E' store located on the first floor (hereinafter referred to as the 'E' store of this case).

The Defendants, as they did not order beverages or tobacco, continued false receipts several times a day, and made a false settlement by their own cards, thereby allowing the sales performance of the instant coffee to be higher than the actual ones.

In addition, on May 20, 2015, the Defendants presented the records of the above sales that was calculated falsely to the victim F, and eventually concluded a premium contract (the transferor: the Defendants and the assignee) that transferred the instant coffee store to 74 million won.

The Defendants, as such, conspired with the Defendants, deceiving the victim and were given KRW 74 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendants’ partial statements in the second public trial protocol

1. Statement made by the witness G in the third public trial records;

1. A protocol concerning the examination of partially the police officers in relation to the defendant A and B (including the whole part of the interrogation);

1. Statement protocol of the police;

1. A written additional statement;

1. Complaints, photographs of each sales compiled, copies of the contract for premiums, and cartox photographs;

1. Application of each statute on photographs;

1. Articles 347(1) and 30 of the Criminal Act and the selection of fines for the crime;

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

1. The Defendants guilty of Article 186(1) of the Criminal Procedure Act, which was based on which the costs of lawsuit were charged, did not manipulate the shot machine for the purpose of softening sales. Therefore, the Defendants did not deceiving the victim.

The argument is asserted.

The evidence reveals that the Defendants’ order, sales, etc. are managed by the Defendants

The average sales of three months from November 2014 to January 2015, which appears before the operation, are about KRW 1020 to KRW 11.3 million, and there are almost no tobacco sales. The time when the victim examines the acceptance.

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