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(영문) 인천지방법원 2015.07.03 2015고정1642
사기
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On February 12, 2015, the Defendant was sentenced to six months of imprisonment for fraud in the Busan District Court Branch Branch of the Incheon District Court, and the judgment became final and conclusive on April 25, 2015.

around 22:00 on October 30, 2013, the Defendant believed that the Defendant would pay the drinking value to the victim, despite the absence of the intent or ability to pay the drinking value within the 2nd room of Dju located in Asan-si B (the age of 49), which is managed by the victim C (the age of 49) of Asan-si, the Defendant took a window equivalent to KRW 2.10,00,00 and took a fee for the 12-year two-year two weeks, and then, exempted the payment of the price, thereby taking economic benefits equivalent to the same amount.

Around 03:00 on October 31, 2013, the Defendant: (a) had no intent or ability to pay the alcohol value within the 1st room of Gju, managed by the Victim F (hereinafter “F”) located in Asan City E; (b) had been believed to pay the alcohol value to the victim; (c) had been taken for 100,000 for 20,000 for 10,000 for 10,000 for 10,000 for 10,000 for 20,000 won for 2; and (d) had been exempted from paying the alcohol value.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement, and police statement concerning F;

1. Each receipt (the investigative record No. 8, 47 pages);

1. Before ruling: Application of a certified copy of the judgment, and the result of case search;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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