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(영문) 대전지방법원 2017.12.15 2017고정1432

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 14, 2017, at around 20:30, the Defendant: (a) committed the “D main points” of the Victim C’s operation, which was located in Daejeon Seodong-gu B, as if the Defendant would normally pay the price; (b) ordered the Victim 3 Byung-ju and ordered the Victim to provide entertainment services; and (c) demanded the Victim to provide entertainment services.

However, the defendant did not have an intention or ability to pay the price even if he was provided with alcohol and entertainment service.

The Defendant received alcohol equivalent to 660,000 won of the market price from the injured party on the job, and did not pay the price to two entertainment reception workers in an amount equivalent to 500,000 won of the market price.

Accordingly, the defendant, by deceiving the victim, received property or acquired property benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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;