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(영문) 부산지방법원 2017.06.22 2016고정4130

사기

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On May 3, 2016, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Busan District Court on May 11, 2016 and the said judgment became final and conclusive on May 11, 2016.

1. On February 24, 2016, the Defendant issued an order for alcohol and alcohol as if he did not have any intent or ability to pay the price even if he did not have any money under the command of alcohol and alcohol, and received an order for alcohol and alcohol equivalent to 300,000 won from the injured party. The Defendant received an order for alcohol and alcohol from the injured party, who received an order for alcohol and alcohol equivalent to 300,000 won from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

2. On March 16, 2016, the Defendant: (a) around 20:10, at the “singing room 3,” operated by the victim E in Yangsan-si; (b) on the ground that there was no money in water, and (c) on the part of the Defendant, he/she would have had the intention or ability to pay the price even if he/she did not have the intention or ability to pay the price even if he/she was unable to do so; and (d) ordered the alcoholic beverage and the owner of the alcoholic beverage, and (e) was provided with beer and the owner of the alcoholic beverage in an amount equivalent to KRW

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in C and E;

1. Receipts, on-site photographs;

1. Previous convictions: Results of case search, application of Acts and subordinate statutes;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;