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(영문) 수원지방법원 2016.07.08 2016고정701

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[2016 High 701] The Defendant, in collusion with friendly B and C on December 4, 2015, by deceiving the victim as if he did not intend to pay the drinking value from the beginning in the “F of the entertainment drinking place operated by Dad Victims E at Suwon-si on December 4, 2015, by deceiving the victim to pay even though he did not intend to pay the drinking value from the beginning, and by receiving the goods and services equivalent to the sum of KRW 480,000,000, including the female entertainment reception service, at two concurrent weeks of both weeks.

[2016 High 702] On October 14, 2015, the Defendant, in collusion with B and G, showed the same attitude that the Defendant would pay the price normally to the victim even if he did not have the intent or ability to pay the price even if he/she received an order of alcohol, alcohol, etc. from the J Operation of H victim I on October 14, 2015.

[2016 High 703] On October 31, 2015, the Defendant, even though there was no intention or ability to pay the drinking value at the Healk K in Suwon-si L at around KRW 06:00 to KRW 07:00 on October 31, 2015, by deceiving the victim M as if he had an intention or ability to pay it, and obtained it by deceiving 2 Byung and services equivalent to KRW 770,000 in total.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of Acts and subordinate statutes on police statements made to E, I, and M;

1. Relevant provisions of the Criminal Act and Articles 347(1), 30 ( point of fraud in collusion), and 347(1) ( point of fraud) of the Criminal Act concerning the crime, the choice of fines, and the choice of fines, respectively;

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

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;