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(영문) 부산지방법원 2016.02.17 2015고정4490
사기
Text

1. The defendant shall be punished by a fine of two million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

1. On July 17, 2014, the Defendant, despite the absence of an intent or ability to pay the drinking value in the “E summary store” operated by the victim C victim D in Busan-gu, Busan-gu, Busan-do, the Defendant requested the victim to provide one of the entertainment reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception reception

2. On September 16, 2014, the Defendant expressed to the victim that “I would complete the drinking value at a low time and the drinking value at this time,” at the same place, and demanded one of the entertainment reception reception workers at a level equivalent to KRW 100,000 per two weeks.

However, the defendant did not have any intention or ability to pay the drinking value.

Although the Defendant was provided with alcohol and service equivalent to KRW 1.30,00 from the injured party, the Defendant failed to pay the other drinking value and the escape acquired property benefits.

3. On April 22, 2015, the Defendant demanded on the same place that the victim “I wish to pay all the prepaid alcoholic beverage values and gold-free alcoholic beverage values.” At the same time, the Defendant demanded that one of the entertainment entertainment entertainment workers be provided at a level equivalent to KRW 100,00 per two weeks.

However, the defendant did not have any intention or ability to pay the drinking value.

The Defendant did not pay alcohol and service equivalent to KRW 160,00,000 to the injured party, but acquired pecuniary benefits.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement made by the police against D;

1. Application of an invoice statute;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 70 (1) and Article 69 (2) of the Criminal Act to attract a workhouse.

4. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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