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(영문) 부산지방법원 동부지원 2018.06.20 2018고정289

사기등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On June 21, 2016, around 01:00, the Defendant ordered alcoholic beverages to the victim, while working as if the Defendant would normally pay alcoholic beverages under the “D” main points of the Victim C’s Operation in Busan Shipping Daegu B.

However, the Defendant did not have any alternative means such as cash or credit card, and had no intention or ability to pay liquor to the victim from the beginning.

As such, the Defendant: (a) by deceiving the victim as above; (b) received alcoholic beverages equivalent to KRW 230,000,000, such as Blus 1 Byung, from the injured party; and (c) did not pay alcoholic beverages; and (d) obtained economic benefits equivalent to the

2. At around 02:20 on the same day, the Defendant: (a) sought alcohol payments from the injured party; (b) took the victim’s bath while taking the victim’s face at one time, and (c) took the right side side of the right side, which requires treatment for about two weeks in drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions of the Criminal Act, Articles 347(1) and 257(1) of the Criminal Act (the point of fraud), and the choice of fines for the crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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