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(영문) 춘천지방법원 강릉지원 2015.05.06 2015고정146
사기
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who has no fixed occupation.

Victim B(55) is the owner of “C” main shop, and Victim D(51,00) is the owner of “E” main shop.

1. On September 20, 2014, the Defendant ordered “C” operated by the victim B in Gangnam-si F on September 20, 2014, that the Defendant would give the victim the alcohol value without the mold from the entertainment drinking house “C”, which was ordered that the Defendant would give the victim a beer with 10 gals and als of beer.

However, there was no intention or ability to pay the drinking value, etc. due to the lack of money possessed by the defendant.

Nevertheless, the defendant deceivings the victim as such, and was provided by the victim with alcohol and speech equivalent to KRW 180,00,000, and acquired economic benefits equivalent to the same amount.

2. On September 25, 2014, the Defendant ordered the Defendant to issue an order for both three illnesss, beer, beer, and Isssss, as the Defendant would pay the drinking value to the victim D without the mold from “E operated by the victim D in Gangseo-si G” on September 25, 2014.

However, there was no intention or ability to pay the drinking value, etc. due to the lack of money possessed by the defendant.

Nevertheless, the defendant deceivings the victim as such, and was provided by the victim with alcohol and algorith equivalent to KRW 950,00,000, and acquired economic benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. Application of field photographs and Acts and subordinate statutes on receipts;

1. Article 347 of the Criminal Act applicable to the crime and Article 347 of the Criminal Act’s choice of punishment;

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

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