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(영문) 수원지방법원 안양지원 2016.03.24 2015고정1029

사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On March 28, 2015, at the “C” restaurant located in Sinpo-si B around 08:30 on March 28, 2015, the Defendant issued an order for alcohol and alcohol to the victim D (e.g., 52 years of age) who is an employee as if he would pay the normal drinking value.

However, the defendant did not have the intention or ability to pay the drinking value.

Nevertheless, the Defendant: (a) by deceiving the victim; and (b) obtained pecuniary benefits in a manner that did not pay the price, even if the Defendant received 10,800 won in total from the victim, such as 2 bottles, bean bals, bals, bals, and bals, from the victim.

2. Around 10:30 on March 28, 2015, the Defendant insultd the victim who was dispatched after receiving a report at the restaurant under the above 1. paragraph (1) on March 28, 2015, to an assistant F (42 taxes) belonging to the E District of the Military Police Station E District of the Military Police Station of the Republic of Korea: 20 customers in the place where cafeteria employees and 20 customers provide meals;

Corched bitched bitch;

In addition, the victim made a public insult by openly obsing the victim at a large level on several occasions.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with regard to F;

1. Written statements prepared in D;

1. A report on investigation;

1. Application of the receipt statute

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the point of fraud, the selection of fines) and Article 311 of the Criminal Act (the point of insult and the selection of fines);

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;