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Defendant shall be punished by a fine of KRW 4,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On August 5, 2014, the Defendant would like to receive gas from D in the “C” restaurant operated by himself in Young-gu, Suwon-si, Suwon-si, and the victim E who operates D.
A false statement was made to the effect that the gas supply facility cost of KRW 10 million installed by the previous gas company that has been traded was paid to the existing company, and the gas supply facility was transferred to D, and the gas supply facility was supplied by D, and the cost of the gas supply was changed to KRW 10 million.
However, at the time, the Defendant was thought to use the gas price and the cafeteria operating fund of the Defendant even if he was unable to pay the gas price to the previous trading company, and there was no intention or ability to transfer the gas supply facilities to the victim or to receive gas from the victims.
On August 7, 2015, the Defendant, by deceiving the victim, received 10 million won from the victim to the deposit account in the name of the Defendant’s bank from the victim and acquired it by defrauded.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. The certificate of transfer confirmation and the supply contract;
1. Application of Acts and subordinate statutes to a report on investigation (F counterpart investigation) and a report on investigation (tel party telephone investigation who has filed a complaint);
1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;
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;