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(영문) 의정부지방법원 2014.09.18 2014고정1102
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 13, 2013, the Defendant was sentenced to one year of imprisonment for a crime of fraud in this Court, and the judgment became final and conclusive on September 24, 2013.

1. On May 21, 2013, the Defendant had no intention or ability to pay the drinking value in an entertainment drinking house under the trade name “D” operated by the injured party B in Macheon-si on May 21, 2013. However, the Defendant had no intention or ability to pay the drinking value.

Nevertheless, the Defendant acted as if he would pay the drinking value, and was issued with beer and beer, etc. equivalent to the total market value of 270,000 won from the victim.

Accordingly, the defendant, by deceiving the victim, acquired property equivalent to KRW 270,000.

2. On May 2, 2013, around 15:00 on May 22, 2013, the Defendant issued an order for alcohol and alcohol from the restaurant in the name of “G” operated by the Victim E, the victim E in Scheon-si. However, the Defendant did not have any intent or ability to pay the alcohol value.

Nevertheless, the Defendant acted as if he would pay the drinking value, and was issued with beer and beer, etc. equivalent to the total market value of 150,000 won from the victim.

Accordingly, the defendant, by deceiving the victim, acquired property equivalent to 150,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of B and E;

1. Each receipt; and

1. Previous convictions: Criminal records and results of case search, i.e., application of Acts and subordinate statutes making inquiry of requests;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order agreed upon by the defendant to pay the amount of damage to each victim, but the previous and previous sentence served 15 times, and on November 9, 2012, the court shall be punished by imprisonment with prison labor for 10 months.

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