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(영문) 서울북부지방법원 2016.09.01 2016고정1417

사기

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

The Defendant is a person who operates an entertainment drinking house under the trade name of “B”.

On April 6, 2016, at around 22:35, the Defendant: (a) performed drinking alcohol by the victim D (the 68-year-old age) who is a customer; (b) opened and opened a new welfare credit card (credit card No. E) of the victim; and (c) paid a drinking value by paying 230,000 won to the victim by the said card; (d) obtained the victim’s false statement that “the victim was unable to calculate the drinking value by exceeding the limit; (b) obtained a password from the victim; and (c) obtained a pecuniary benefit equivalent to the said amount by receiving cash service from the cash withdrawal at the G convenience store located in the neighboring F.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement concerning D;

1. Application of the Acts and subordinate statutes on the request of investigative cooperation (CCTV perusal and reproduction);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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;