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(영문) 부산지방법원 2015.10.22 2015고정1737

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

1. On September 1, 2014, at around 22:30, the Defendant: (a) provided alcoholic beverages, etc. from the victim D, the Plaintiff, who was an owner of the instant singing shop, with the intention or ability to pay the price; and (b) provided alcoholic beverages, etc. from the victim D, as if he were to pay the price properly; and (c) acquired pecuniary profits equivalent to the amount of the said price by being provided with alcoholic beverages, etc. equivalent to KRW 4.220,000,000,000,000,000,000 won and the market price of KRW 1,50,000,00

2. On September 6, 2014, the Defendant: (a) around 02:20 on September 6, 2014, at “F” located on the 1st underground floor of Busan, Busan, the Defendant: (b) did not have the intent or ability to pay the price despite being provided alcoholic beverages, etc. from the victim G, the business owner of the said establishment; (c) was paid as if he would pay the price properly; and (d) was issued two diseases equivalent to the market price of the victim.

Summary of Evidence

1. A protocol concerning the examination of suspect against the accused (Evidence No. 9);

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;