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(영문) 서울중앙지방법원 2013.12.10 2013고정4498
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 16, 2013, the Defendant was sentenced to five months of imprisonment for fraud at the Seoul Northern District Court, and the said judgment became final and conclusive on October 11, 2013.

[2013 High Court Decision 4498]

1. On April 8, 2013, around 19:40, the Defendant ordered a liquor equivalent to KRW 254,000 in total, both Skblus and two B B banks, such as Skblus, at the “Dju” operated by the Defendant-based Seoul Special Metropolitan City Underground Victims C.

However, the fact did not have the ability or intent to pay the share of the share because there was no means of payment such as the possession of the share of the share of the share or credit card.

The Defendant, by deceiving the victim as such, received alcoholic beverages equivalent to KRW 254,00 from the victim, thereby deceiving the victim.

[2013 High Court Decision 5047]

2. On April 11, 2013, around 21:00, the Defendant ordered alcohol and alcohol to the victim in the “G” ran tavern operated by the victim FF in Seongbuk-gu Seoul Seongbuk-gu Seoul, as the Defendant would pay the victim’s drinking value.

However, the defendant did not have any intention or ability to pay the drinking value because he did not have any money under way.

The Defendant, by deceiving the victim as such, received 3,40,000 won, such as two copies of each share and two copies of each share, from the victim, and fraudulently acquired them.

Summary of Evidence

[2013 High Court Decision 4498]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. A receipt (written request) (2013 fixed-term 5047);

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A detailed statement (the cost in advance);

1. Application of each statute of the judgment;

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

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 Criminal Act for the detention of a workhouse;

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

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