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(영문) 부산지방법원 2016.05.11 2015고정4302
사기등
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. Around 12:00 on May 27, 2015, the Defendant purchased food equivalent to KRW 5,100,00 in the aggregate amount of KRW 5,10,00 on the face of the instant World Cup and presented his/her debit card to calculate the amount, despite having no intent or ability to pay the amount at the D convenience points in the operation of the Victim C (34, 34, 000) located in the Geum-gu Busan Metropolitan City (hereinafter referred to as the “C”), the Defendant: (a) purchased food of KRW 5,100 on the face of the instant World Cup; and (b) obtained pecuniary gains by opening the goods and attempting to make a settlement with the same card but not making payment after the payment.

2. In order to guarantee the payment of the food value at the time and place stated in the preceding paragraph, the Defendant: (a) demanded the victim who was in custody of the Defendant’s cell phone and identification card to return the card by demanding the Defendant to “to check and return the card limit directly from the bank; (b) the victim, who was likely to escape, expressed his desire to refuse it, “the Defendant,” and cleeped down the waste booms below the knicker; (c) the Defendant laid down the two horses and bread display box; and (d) the Defendant interfered with the normal convenience store work by exercising force by means of force by destroying the door and destroying the door to the market.

3. The Defendant damaged public goods at the time and place stated in the preceding paragraph, and the police officer dispatched after receiving a report on the same reason as the date and time stated in the preceding paragraph, and arrested the Defendant as an flagrant offender and franchising the Defendant as a flagrant offender, and resisting the defect inside the 2 patrol group E, which led to the occurrence of defects in the back door of the patrol group, thereby damaging the above 112 patrol vehicles, which are the goods for official use equivalent to 300,000 won for repair costs.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act (the point of fraud), Article 14 of the Criminal Act (the point of interference with business), and Article 141 of the Criminal Act.

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