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(영문) 서울서부지방법원 2012.11.01 2012고정1059

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On March 29, 2011, at around 05:10, the Defendant: (a) expressed the attitude that the Defendant was able to pay the alcohol value without having the intent or ability to pay the alcohol value; (b) was provided by the victim with alcohol and alcohol equivalent to KRW 300,000 in total, including two disease, beer, six disease, and beer, per share; and (c) obtained it from the victim.

2. On July 7, 2011, at around 21:30, the Defendant, within the “G” pool operated by the Victim F in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, provided that the Defendant, from the victim, he/she was provided with the victim with alcohol and alcohol equivalent to KRW 184,00 in total, including both 1 disease, beer, 6 disease, and beer.

3. On July 24, 2011, at around 23:00, the Defendant: (a) expressed the attitude that the Defendant, despite having no intent or ability to pay the drinking value, was provided by the victim I in Eunpyeong-gu Seoul Metropolitan Government H with alcohol and alcohol equivalent to KRW 142,50,00, such as beer and beer.

4. On September 18, 201, at around 03:17, 201, the Defendant: (a) expressed the attitude that the Defendant was able to pay in the “M” house operated by the victim L in the second floor of the Eunpyeong-gu Seoul Building, Eunpyeong-gu Seoul; and (b) obtained from the victim a total of KRW 44,00,00, including beer 6 illness and beer, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Each interrogation protocol of C or N;

1. Each police statement about F, I, or L;

1. Application of each receipt statute;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;