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(영문) 부산지방법원 2018.08.24 2018고정921

사기

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On August 6, 2016, the Defendant, at around 01:00, ordered the payment by deceiving the victim D, who is the business owner of the said main shop, to pay the price.

However, the defendant did not have the intention or ability to pay the price because he did not have the income at the time and does not have the settlement means to pay the price, such as cash.

As above, the Defendant: (a) did not pay an amount equivalent to KRW 320,000,000 in total market price, such as Blulue 2 C, regardless of the victim’s deception; and (b) did not pay such amount.

2. On August 11, 2016, the Defendant issued an order for alcohol by deceiving the victim to pay the amount to the victim at the above main point.

However, the defendant did not have the intention or ability to pay the price because he did not have the income at the time and does not have the settlement means to pay the price, such as cash.

As above, the Defendant did not pay 420,000 won out of the total market price of 20,000 won, such as Blulue 2 C, etc., regardless of the victim’s deception and the victim’s deception, and did not pay 2.80,000 won out of the price.

Summary of Evidence

1. A protocol concerning the examination of suspect against the defendant;

1. Statement made with D;

1. Application of statutes on copies of books;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.