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(영문) 창원지방법원 진주지원 2014.08.20 2014고정133
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

1. On June 7, 2013, the Defendant: (a) around 23:00 on the Jinju-si, the U.S. demanded that the Defendant enter the 3-studio of U.S. operated by the victim T (n, 42 years of age) as a customer with one of his/her own studio, and as if he/she had the intent or ability to pay the price to the victim.

However, even if the defendant was provided with alcohol as above from the beginning, he did not have any intention or ability to pay the price.

Nevertheless, the Defendant, as if he were to pay the amount, by deceiving the victim, received the amount equivalent to KRW 1,050,000 from the victim, including the amount of KRW 350,000,000 and the amount of KRW 1,050,00,00 from the victim, and acquired the same amount of property benefits in a manner that did not pay the amount.

2. From June 20, 201 to June 22, 2013

6. From the date of Jinju to the date of 01:10, from the “X” point operated by the Victim W (Nam, 35 years of age) in Jinju, the victim demanded alcoholic beverages and Does as if he had the intent or ability to pay the price to the victim.

However, even if the defendant was provided as above from the beginning, he did not have any intention or ability to pay the price.

Nevertheless, the Defendant, as if he were to pay the amount, by deceiving the victim, received the amount equivalent to KRW 1,020,00,000 from the victim, including Skblubru 17-year two weeks, and three entertainment service providers, including KRW 270,00,00, and acquired property benefits equivalent to that amount in a manner that did not pay the amount.

Summary of Evidence

1. The defendant's statement on the third trial date in court;

1. Each police statement of T or W;

1. Application of each written estimate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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