logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2018.02.09 2017고단2797
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who operates a restaurant called “D” in Seoul Seodaemun-gu C 104 in the same name as “D” in the same Gu E.

On August 13, 2016, the Defendant made a false statement to the effect that “D” located in Seodaemun-gu Seoul Metropolitan Government No. 104, Seoul, would pay the victim F for cash by settling accounts at the end of each month when supplying fishery products, such as active fish and shellfish, to the victim F.

However, the Defendant was thought to preferentially pay the sum of KRW 7.4 million for the rent of two restaurants, the amount of KRW 10 million for each month to KRW 2.5 million for employees’ wage, and approximately KRW 2.5 million for other surtax and management expenses. In the event that the Defendant first pays the rent, wage, etc., he was aware that the victim could have a shortage of the price to pay, and he was able to immediately pay it at the end of each month, and to continue funeral by receiving fishery products from the damaged person on a daily basis. Therefore, from the beginning of each month, the Defendant did not have the intent to pay it to the victim at the end of each month.

Defendant deceptioned the victim as above and obtained fishery products equivalent to KRW 647,00, such as light and lue, from the damaged person, i.e., from the damaged person, and obtained fishery products in total of KRW 32,598,800 through 81 times from October 14, 2016, such as the list of crimes, from October 14, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The application of the business registration certificate, the sales ledger of customers, the sending status of text messages, the electronic account statement, the lease of real estate, the summary of the real estate lease, the data on reporting of value added taxes, and the investigation report (Submission of the details

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. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act is erroneous, and the case where the willful act of deception is committed.

arrow