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(영문) 부산지방법원 2013.12.05 2013고단2257
사기
Text

Defendant

A A shall be punished by a fine not exceeding six million won, and Defendant B shall be punished by a fine not exceeding four million won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

[2013 Highest 2257]

1. On April 10, 2013, around 04:00 on April 10, 2013, the Defendants conspired and ordered alcohol and helper Amera to the G main points operated by the Victim F in Busan Jin-gu, Busan.

However, the Defendants did not have the intent and ability to pay the price.

As above, the Defendants: (a) by deceiving the victim as above, and being provided with the three main owners of the two weeks each by the victim, but did not pay the price; and (b) acquired financial benefits equivalent to KRW 670,000,000 from the victim.

[2013 Highest 3513]

2. On March 2013, 2013, the Defendant ordered the 30,000 won of the market price within the main point of “J” operated by the victim I located in the Busan-si, Busan-si, Busan-si.

When the defendant received alcoholic beverages from the victim, the defendant ordered the alcoholic beverages, which seems to have been paid in the absence of the intention or ability to pay the price.

The Defendant, as above, was accused of the victim and was provided with an alcoholic beverage equivalent to KRW 30,00 at the market price from the victim’s seat.

[2013 Highest 3816]

3. Around 02:00 on July 3, 2013, the Defendant ordered “L” entertainment tavern operated by the victim’s name in Busan-gu K, Busan-gu, the Defendant ordered Ma, an employee of the said main shop, to perform alcohol and alcohol equivalent to KRW 290,000 at the market price.

When the defendant received alcoholic beverages from M, the defendant ordered to do so without the intention or ability to pay the price.

As above, the Defendant deceptioned M and was provided with alcoholic beverage and alcoholic beverage equivalent to KRW 290,00 at the market price from M, that is, from M.

Summary of Evidence

1. Defendants’ legal statement

1. Application of Acts and subordinate statutes to police statements made to F, N and M;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act for the selection of applicable criminal facts; and

1. The former part of Article 37 and Article 38(1) of the Criminal Act among concurrent crimes (Defendant A);

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