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(영문) 인천지방법원 2013.12.06 2013고정2711
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

1. On December 17, 2012, the Defendant issued an order for alcohol and alcohol to the victim D, the owner of the business, as if he would pay the alcohol value, at C main points located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

However, in fact, the defendant did not have the intent or ability to pay the price even if he was provided with alcoholic beverage and alcohol from the victim.

As such, the Defendant, by deceiving the victim, was provided by the victim with an amount equivalent to KRW 190,00,000,000, including KRW 180,000,000, which is the 180,000,000,000,000.

2. On December 18, 2012, around 03:15, the Defendant ordered the victim G, a business owner of Bupyeong-gu Incheon Bupyeong-gu E building 304, as if he would pay the alcohol value, and issued an order for alcohol and alcohol.

However, in fact, the defendant did not have the intent or ability to pay the price even if he was provided with alcoholic beverage and alcohol from the victim.

이와 같이 피고인은 피해자를 기망하여 이에 속은 피해자로부터 양주 엡손씨트론 1병 18만 원, 음료수 3개 3만 원, 과일안주 1개 3만 원 등 도합 24만 원 상당을 제공받아 이를 편취하였다.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Each statement of D and G;

1. Application of Acts and subordinate statutes to each invoice and business report certificate;

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. 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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