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(영문) 부산지방법원서부지원 2020.09.22 2020고정62

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On October 4, 2018, around 23:40, the Defendant sent the same attitude to pay the drinking value to the victim C, which is managed by the victim C in the Busan Yadong-gu B, and ordered the victim to be 8 Maju-ri and 1 Maju-ri.

However, at the time, the defendant did not have any money, credit card, etc. to pay the drinking value, so even if he was provided with alcohol, alcohol, etc. by the victim, the defendant did not have the intent and ability to pay.

Accordingly, the Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to KRW 54,00 from the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Investigation report (field status, etc.);

1. On-site photographs;

1. Application of Acts and subordinate statutes on the value receipt;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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;