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(영문) 대구지방법원 김천지원 2015.12.10 2015고정418

사기

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A fine of two million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

On March 30, 2014, from around 22:00 to around 00:05 on March 31, 2014, the Defendant made a false statement to the victim’s subparagraph 3 room operated by the victim C in Kimcheon-si, Kimcheon-si, as if he could pay the victim “I will pay the alcohol value and the helper service fee.”

However, in fact, the Defendant did not have any money at all at the time, and even if he was provided with alcohol and help, he did not have any intent or ability to pay the money.

The Defendant, as such, by deceiving the victim, obtained pecuniary benefits equivalent to KRW 100,000 in total due to the Defendant’s failure to pay 30,000,000 in the amount of 40,000,000 won per hour, even if the Defendant had been provided with 10,000,000 loan equivalent to the market price of KRW 30,00.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Application of the statute to report internal investigation (in respect of attachment of receipt)

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 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;