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(영문) 부산지방법원 2017.08.23 2017고정1319

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 24, 2017, around 02:30 on February 24, 2017, the Defendant pretended to pay the drinking value at “D main points” operated by the victim C in Busan Dong-gu, Busan, as if he would normally pay the drinking value, and ordered the alcohol, alcohol, etc.

The Defendant received immediately a total of KRW 90,00,00 from the victim who believed that he was aware of it.

However, the Defendant did not have any means of payment, such as cash or credit card, so even if he was provided with alcohol, alcohol, etc. from the injured party, the Defendant did not have the intent or ability to pay the drinking value normally to the injured

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report by the prosecution (the complainant C and the suspect telephone hearing report);

1. Application of Acts and subordinate statutes to police investigation reports (in cases of dispatch site situations, etc.);

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