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(영문) 서울서부지방법원 2016.07.05 2014고단693
사기
Text

The defendant is not guilty. The defendant shall dismiss each application for compensation filed by the applicants for compensation.

The judgment of innocence against the defendant is rendered.

Reasons

1. The summary of the facts charged is the representative director of K in which the K UniversityJ has operated a student restaurant at the I University J University.

On March 2013, the Defendant stated, “Around Mapo-gu Seoul National University, the Defendant would normally pay the cost of food materials at the student restaurant in the student restaurant run by the Defendant at the I University, Mapo-gu, Seoul National University.”

However, the Defendant had no intention or ability to pay the price properly even if he received food materials from the injured party, as the sales of the restaurant operated by the Defendant decreased from around 2011 to bear the obligation of KRW 500 million.

As can be seen, the Defendant deceiving the victim and supplied food materials from March 2, 2013 to September 26, 2013, and did not pay KRW 95,785,015 to the victim, thereby obtaining economic benefits equivalent to the amount of money. In addition, in the same manner as indicated in the list of crimes, “239,248,521 won” stated in the indictment of KRW 217,843,119, as stated in the above I’s J University student restaurant operated by the Defendant, which received food materials from four victims in total, as stated in the list of crimes, is obviously erroneous in the calculation, and it is not deemed that the correction without any change in the indictment would result in a substantial disadvantage to the Defendant’s exercise of his/her right to defense. Accordingly, it is corrected ex officio.

The amount of property benefits equivalent to the same amount was not paid.

The amount obtained by taking the food materials from the victim through the method of taking the place of crime No. 13.3.2 - 13.2 - 13.9.26 - 13.2 - 13.2 - 15,785,015 - December 11, 13.15 - 13.9.24 - - 96,61, 565 - "J University" - "M 5,988, 90 on Sep. 26, 13, 100 - 19,40,407, 639, 217, 84, 13.19 won in the case of having no capacity to repay to the I University.

2. The gist of the defendant's and his defense counsel's assertion has been accumulated since it was inevitable for the victims to make a transaction for several years, and it was inevitable to close the business.

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