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(영문) 창원지방법원 2015.11.11 2015고정481
사기
Text

Defendant shall be punished by a fine of KRW 1,300,000.

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

Reasons

Punishment of the crime

[2015Gohap481] On March 5, 2001, the Defendant was sentenced to a fine of KRW 200,000 for fraud at the Changwon District Court, which was sentenced to a fine of KRW 200,000 for the same crime in the same court on December 5, 201, and was sentenced to a fine of KRW 70,00 for the same crime in the same court on January 25, 2012.

On January 21, 2012, from around 19:00 to 21:00, the Defendant made a false statement to the Dju, operated by the victim C in Seongbuk-gu, Changwon-si, Changwon-si, stating that “The Defendant would pay alcoholic beverages and the Henan-si price on the high-pollution level.”

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcohol and alcohol from the victim.

As such, the Defendant deceptioned the victim, and acquired the 170,000 won in total from the victim and acquired the 170,000 beer and beer.

[2015, 482] The Defendant did not have any ability or intent to pay the food or alcohol value because he/she was not holding cash or credit card on the day of the instant case as a person without a certain occupation.

Nevertheless, at around 20:00 on December 25, 201, the Defendant received 1.30,000 won, such as beer and bed and received from the “Graeker's store” operated by the Victim F (F) in Kimhae-si, Kim Jong-si, and received money, but instead paid the money, and took profits equivalent to the same amount.

Summary of Evidence

[Judgment of the court below]

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. A statement of the details of detection (2015 high-level 482);

1. Police suspect interrogation protocol of the accused;

1. A written statement;

1. Application of the receipt statute

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

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

3. Articles 70 (1) and 69 (2) of the Criminal Act for the confinement of a workhouse.

4. Article 334 (1) of the Criminal Procedure Act.

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