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(영문) 서울중앙지방법원 2018.07.20 2018고단3058
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[2018 Highest 3058]

1. On March 15, 2018, around 06:30 on March 15, 2018, the Defendant entered the “dice house” operated by the victim D in Gwanak-gu in Seoul Special Metropolitan City, and took the same as if the victim would normally pay the alcohol value, etc., and ordered the Defendant to do so.

However, the defendant did not have any intention or ability to pay the price even if he/she orders the alcohol, the speech, etc. from the injured person.

After all, the Defendant, as seen above, got the victim from deceiving him, provided the victim with the two weeks of the market value of KRW 500,000,000.

2. On May 8, 2018, around 03:00, the Defendant issued an order for alcohol, alcohol, etc. while driving “G main points” operated by the Victim F in Gwanak-gu, Seoul Special Metropolitan City E as if the Defendant would normally pay the victim the alcohol value, etc.

However, the defendant did not have any intention or ability to pay the price even if he/she orders the alcohol, the speech, etc. from the injured person.

After all, the Defendant, as seen above, got the victim from deceiving him, provided the victim with a share of KRW 300,000,000 at the market price.

[2018 Highest 3774]

3. On March 21, 2018, around 02:40 on March 21, 2018, the Defendant issued an order for alcohol and alcohol as if the victim I would normally pay the alcohol value to the victim at the main point of the J operated by Guro-gu Seoul Metropolitan Government H.

However, the defendant did not have any intention or ability to pay the price even if he/she orders the alcohol, the speech, etc. from the injured person.

Ultimately, the Defendant deceiving the victim as above, and received from the victim, i.e., a delivery of app 150,000 won in total at the market price of the victim’s possession.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of D, F, and I;

1. Application of each receipt, each copy of receipt, and statutes;

1. Relevant legal provisions concerning criminal facts, Article 347 (1) of the Criminal Act that choose a penalty, and the choice of fines;

1. The former part of Article 37 of the Criminal Code, and Article 38(1)2 of the Criminal Code.

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