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(영문) 창원지방법원 진주지원 2014.10.17 2014고단589
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2014 Highest 589] Around 03:00 on April 9, 2014, the Defendant: (a) ordered beer, etc. to the victim as if he did not have any intent or ability to pay the alcohol value in the “Enonosode” operated by the victim D in Jinju-si; and (b) obtained pecuniary benefits equivalent to the same amount as the Defendant did not pay the alcohol and service amounting to KRW 320,00,000 from the victim as if he would pay the alcohol value.

[2014 Highest 765]

1. Around 21:00 on April 28, 2014, the Defendant’s summary operated by the Victim G in Jinju-si around 21:0

The facts in the room, despite the absence of the intention or ability to pay the drinking value, deceiving the victim as if they were to pay it, and it was received from the victim, that is, from the victim, such as two or more times a week, a day-to-day week, and a day-to-day week, the market price of which is 10.50,000 won, but did not pay the price, thereby acquiring the equivalent property benefits.

2. On July 21, 2014, the Defendant: (a) on the part of the victim J in J at J at J at J at J at J on July 21, 2014, the Defendant, despite the absence of the intent or ability to pay the drinking value, by deceiving the victim as if he were to pay it; (b) was provided with alcohol and services equivalent to KRW 170,000,000 in the market price of the two weeks, namely, on the part of the victim, on the part of the victim, and did not pay the said amount.

Summary of Evidence

[2014 Highest 589]

1. Partial statement of the police interrogation protocol of the accused;

1. Legal statement of witness D;

1. Statement made by the police in relation to D (2014 high-ranking765);

1. Each legal statement of witness G and J;

1. Each police statement to G and J;

1. Invoice and receipt;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. From among concurrent crimes, the accused who committed the same kind of crime for the reason of sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act.

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