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(영문) 서울서부지방법원 2015.01.29 2014고정917

사기등

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

1. On July 18, 2013, around 19:40 on July 18, 2013, the Defendant: (a) received an amount equivalent to KRW 1,090,000 from the victim and obtained pecuniary benefits equivalent to the same amount, even though he/she did not have the intent or ability to pay the drinking value even if he/she received an order from the victim D to provide alcohol, alcohol, etc.; (b) the Defendant received an order from the victim to pay the drinking value; and (c) the Defendant received an amount equivalent to KRW 1,09,000 from the victim

2. Around 01:00 on July 19, 2013, the Defendant assaulted the Victim D’s lower part of d on one hand on the ground that the Defendant did not pay the drinking value from the main points specified in paragraph (1) without paying the drinking value, and that the Victim D restrains the Defendant and cut off the Defendant’s cell phone.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. A statement or a business license certificate;

1. Application of Acts and subordinate statutes on the part of violence (D);

1. Relevant Article 347 (1) and Article 260 (1) of the Criminal Act concerning the facts constituting an offense, the choice of a fine, and the choice of a fine;

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

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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