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(영문) 서울서부지방법원 2015.11.24 2015고정1538
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On October 4, 2014, the Defendant: (a) around 21:00, at the main point of “D” in the operation of the victim located in Seodaemun-gu Seoul Metropolitan Government, the Defendant: (b) placed an order to pay the price to the victim as if he would normally pay the price although he did not have the intent or ability to pay the price even if he did so; and (c) ordered the victim to provide the victim with an order to pay the price, such as alcohol and alcohol; and (d) received the order from the victim a total of KRW 190,000,000, including one per share in excess of KRW 140,000, market price of which is equivalent to KRW 50,000.

B. The Defendant’s month

6. At around 19:40, the above main points of “D” issued an order of alcohol, alcohol, etc. in the above manner, and the part was provided by the victim with one disease of at least 140,000 won at the market price.

2. On October 30, 2014, the Defendant: (a) around 22:30 on October 30, 2014, at the point of “G” in the operation of the victim located under F of Seodaemun-gu Seoul, Seodaemun-gu, Seoul; (b) the Defendant ordered the victim to provide alcohol and alcohol as if he would have paid the price normally even if he did not have the intent or ability to pay the price despite the order of alcohol and alcohol; and (c) ordered the victim to pay the price in a normal manner; and (d) the Defendant received from the victim the amount equivalent to KRW 190,000,000, total of the market price of KRW 140,000 and KRW 50,000.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning E and B;

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

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 (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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