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(영문) 창원지방법원 2013.10.30 2012고단3239
사기
Text

Defendant

A shall be punished by imprisonment for eight months, by a fine of 50,000 won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

[Defendant A] around September 24, 2012, around 2012, around 23:30 on September 24, 2012, the Defendant ordered the victim E to be beer in an amount equivalent to KRW 300,000, as if he would pay the drinking value, etc., and received the offer of alcoholic beverages equivalent to KRW 560,00,000 in total, including four Domins equivalent to entertainment expense of KRW 240,00.

However, as the defendant does not have any means of payment such as cash, the defendant did not have the intent or ability to pay the price even if he received such means of payment.

Accordingly, the Defendant, by deceiving the victim, acquired the pecuniary benefits equivalent to KRW 560,000.

[2] From January 20, 2012, around 04:20 on January 20, 2012, the Defendants conspired and ordered beer, beer, and beer, etc. to the victim.

However, the Defendants did not have the intent or ability to pay the price even if they were provided with alcohol and alcohol from the victim because there was no means to pay the said price, such as cash or credit card.

Nevertheless, the Defendants deceiving the victim as such and were provided with beer, beer, and beer with an equivalent of KRW 220,000 by the victim.

Summary of Evidence

[Defendant A]

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning G;

1. Receipt (Defendant B);

1. Defendant's legal statement;

1. A suspect interrogation protocol of the police officer;

1. The police statement concerning G;

1. Application of the receipt statute

1. Defendants of relevant legal provisions concerning criminal facts: Article 347(1) of the Criminal Act

1. Defendant A: Selection of imprisonment with prison labor ( Taking into account the criminal records of the accused, the escape of the accused, etc.): Selection of a fine (the appointment of a fine without prison labor), the agreement with the victim, etc. in other similar cases);

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The defendant to be detained in a workhouse;

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