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(영문) 서울동부지방법원 2016.03.16 2016고정27

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 5, 2014, around 04:40, the Defendant entered C amusement centers in Songpa-gu Seoul, Songpa-gu B, and 1 underground floors, and ordered the victim D to pay the price in a normal manner, “Scartong 1 concurrently accompanied by Scam 5 C and Scam 5 C, and Scam 1.”

However, the fact is that there was no intention or ability to pay the price even if it is ordered to do so.

As such, the Defendant, who belongs to the victim, was provided with an amount equivalent to KRW 400,000,000 from the victim, such as scarbos, beer, and beer, and the Defendant took profits equivalent to the same amount.

Summary of Evidence

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

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes on receipt of invoices;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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;