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(영문) 부산지방법원 2016.12.16 2016고정2906

사기

Text

Defendant

A A shall be punished by a fine of KRW 700,000 and by a fine of KRW 300,000.

The Defendants did not pay a fine.

Reasons

Punishment of the crime

Defendants, around 22:00 on March 3, 2015, shall be located in the Dano-ro C of the Busan East-gu.

In collusion, it ordered drinking and drinking to the victim E who is the owner of the business, as if he would pay the food value.

However, the Defendants did not have the intent or ability to pay the drinking value because they did not have cash or credit cards, etc. capable of paying the drinking value at that time.

Nevertheless, the Defendants, by deceiving the above victims, obtained two sets of 260,000 won in the market price from the victims, and acquired the same amount of monetary benefits by not paying 280,000 won even though they were provided with the helper.

Summary of Evidence

1. Each police interrogation protocol against the Defendants

1. Statement to E by the police;

1. Application of business permission and receipt Acts and subordinate statutes;

1. Articles 347(1) and 347(1) of the Criminal Act and the Defendants’ choice of punishment regarding criminal facts

1. Defendants of detention in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

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