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(영문) 청주지방법원 제천지원 2016.10.06 2016고정78

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

1. On June 30, 2016, the Defendant: (a) took the same attitude as paying the price in E entertainment tavern operated by the victim C in Docheon-si; (b) took the same attitude as paying the price in spite of the intention or ability to pay the price, and (c) took the place by ordering the victim to receive a beer of KRW 10,000 by deceiving the victim; and (d) did not pay the price to the victim; and (e) obtained pecuniary benefits equivalent to the same amount by failing to pay the price to the victim.

2. A summary of the crime committed against the victim F, around June 30, 2016, operated by the victim F in G at Y on June 22:30, 2016

At the main point, even if an order of alcohol, alcohol, etc. was issued, the victim had the same attitude of paying the price in spite of no intent or ability to pay the price, and had the victim taken the disposition by deceiving the victim, and had the victim received 125,000 won or more from the victim, but did not pay the price, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each written statement of C;

1. Each receipt; and

1. Application of the Acts and subordinate statutes for photograph explanation;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (aggravating concurrent crimes with the punishment stipulated in the crime of fraud against victim F with heavier penalty);

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;