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(영문) 부산지방법원 2016.11.29 2016고정3213

사기등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Fraud;

A. On August 18, 2013, around 10:30 on August 18, 2013, the Defendant: (a) obtained pecuniary benefits by deceiving the victim in a way that he/she did not pay the food value within the “D” restaurant operated by the victim C, which is located in the Geum-gu, Busan, by ordering the victim to pay the food value; (b) KRW 28,000, such as five persons for pigs and one disease for pigs; and (c) did not pay the food value without good cause.

B. On August 18, 2013, around 13:03, the Defendant Company: (a) had no intent or ability to pay the food value within the G cafeteria operated by the Victim F in Busan Dong-gu, Busan; (b) obtained pecuniary benefits by deceiving the Victim; (c) ordering 72,300 won, such as one lusssular width park and one lick, and one lick, which is the lick, and failing to pay the food value without good cause.

2. Around 11:00 on August 18, 2013, the Defendant for theft.

In the restaurant as stated in paragraph (1), the victim's cell phone loaned the victim's cell phone to pay the victim C food value, and then stolen the victim's check card at the victim's cell phone case by cutting off it.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A statement prepared by the F;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant legal provisions concerning criminal facts, Articles 347 (1) and 329 of the Criminal Act that choose a penalty, and Article 329 of the Criminal Act, 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 (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;