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(영문) 부산지방법원 2014.09.24 2014고정1198
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 28, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court, which became final and conclusive on December 6, 2013.

The defendant was not in possession of cash or credit card, and there was no intention or ability to pay the food or alcohol value.

On August 22, 2013, at around 22:40, the Defendant acquired financial benefits equivalent to the same amount by being provided with 19,200 won, such as small 2 bottles and three originals, at a “D” restaurant operated by the Victim C located in Geum-gu, Busan, and not paying the price. On September 21, 2013, the Defendant acquired financial benefits equivalent to the same amount by being provided with 16,500 won, such as small 1 disease, high 3 mans, etc., at a “G” restaurant operated by the Victim F, located in Geum-gu, Busan, and then acquired financial benefits in a way that did not pay the price.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement of C and F;

1. Previous records: Application of Acts and subordinate statutes to criminal records, Busan District Court Decision 2013 High Court Decision 6082, 6150 (Consolidated), 6352 (Consolidated), and 7132 (Consolidated).

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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