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(영문) 부산지방법원 2013.10.16 2013고정3121

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

around 21:58 on July 2012, 2012, the Defendant: (a) inducedd the victim D, the owner of the business without the intention or ability to pay the food expenses in the C cafeteria located in Busan Seo-gu, Busan, as if he could be able to pay the food expenses; (b) induced the victim D, the owner of the business without the intention or ability to pay the food expenses; and (c) acquired the pecuniary benefits equivalent to the amount of the food expenses, as he did not pay the food expenses, with the food expenses of KRW 31,00,000, including KRW 34,000,000, per the owner of the P Hari-gu.

around 15, 2012.16:50 on October 15, 2012, the Defendant did not pay KRW 11,000,00 won of the drinking value as he/she knew that he/she had no intent or ability to pay the drinking value within the F cafeteria located in Busan Dong-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and G

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

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;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;