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(영문) 창원지방법원 2019.05.15 2019고정10

사기

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 01:30 on September 7, 2017, the Defendant received from the victim C (Nam and 53 years of age) at the window B of Changwon-si, the Defendant received property or acquired property benefits equivalent to the above amount because the Defendant did not pay the victim the fee despite the absence of the intent or ability to pay the fee even if he/she orders alcohol, alcohol, and alcohol. The Defendant received from the victim the sum of KRW 260,000,000, the sum of the service charges for the entertainment reception workers and the service charges for the entertainment reception workers, and the amount of the fee, which is equivalent to KRW 375,000, from the victim, and did not pay the fee.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. Application of the receipt statute

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;