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(영문) 서울남부지방법원 2014.03.25 2013고정3603
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 27, 2012, the Defendant concluded that “D” restaurant operated by the victim C in Yangcheon-gu Seoul Metropolitan Government, “The Chairperson of the marketing company shall be the chairperson of the marketing company. For one month, employees would pay the meal cost without any lapse of a month after having offered meals to employees.”

However, at the time, the Defendant did not have assets at all and the Defendant operated, as well as E, a company with approximately KRW 10,000,000 each month accumulated and the employees’ benefits and office rents were in arrears, so there was no intention or ability to pay the meal cost as agreed.

The Defendant, by deceiving the victim as above, was provided with meals equivalent to KRW 2,322,00 from around that time to January 27, 2013, and acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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