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(영문) 인천지방법원 부천지원 2014.11.06 2014고정349

사기

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. At around 02:30 on January 8, 2013, the Defendant issued an order for alcohol and alcohol as if the Defendant would pay the victim D a normal drinking value, etc. in the “C cafeteria” located in Young-gu, Nowon-gu, Seoul Special Metropolitan City.

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcoholic beverage and alcohol from the victim.

Nevertheless, the Defendant, as above, was informed of the victim and was provided with the victim with an alcoholic beverage equivalent to KRW 60,000 in total from the victim’s seat.

2. At around 03:40 on January 9, 2013, the Defendant ordered alcohol and alcohol as if he would pay the victim G a normal drinking value, etc. at the “F main point” located on the second floor of the Kucheon-gu, Nowon-gu, Seoul Special Metropolitan City E.

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcoholic beverage and alcohol from the victim.

Nevertheless, the Defendant, as seen above, was informed of the victim, and was provided with alcoholic beverage and alcoholic beverage equivalent to KRW 778,00 in total from the victim’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Written statements of D;

1. Application of each invoice, on-site photographing statute;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the choice of fines;

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 former Criminal Act (amended by Act No. 12575, May 14, 2014).

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