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(영문) 전주지방법원 군산지원 2012.11.27 2012고정610

사기

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On May 27, 2012, the Defendant issued an order for approximately KRW 34,000 for the market price of small and medium-sized food, such as small and medium-sized 2 bottles and one bottled 1 bottled 1 bottled Kimchi, etc., taking the same attitude of eating food to the victim D, who is a business owner, within the cafeteria-si cafeteria-si cafeteria, and paying the ordered food.

However, the defendant did not have any intention or ability to pay the price even after he received orders for food.

The victims believed this to be true were provided with the ordered food.

2. The Defendant, around 03:00 on August 7, 2012, 201, 201: (a) received alcohol and alcohol from the victim F from the victim “Gju” operated by the victim F in Hasan-si E; and (b) received food from the victim.

Even though the victim did not have the ability or intent to pay the price, he/she was aware that he/she had a social position, such as "B is a former police officer and has been processed at the time of the occurrence of a traffic accident, etc.," and acted as if he/she had the ability to pay alcohol and safe value, and had the victim believe that he/she belonged to the victim, he/she received food equivalent to KRW 80,000,000 from the victim, and acquired property benefits equivalent to the same amount because he/she did not pay the price.

Summary of Evidence

Facts No. 1

1. Court statement of the defendant (the second court date);

1. Statement made to D by the police;

1. Second fact of holding a Cash Receipt;

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written estimate;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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 Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.