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(영문) 인천지방법원 2014.05.30 2013고정4076
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On September 24, 2013, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court on September 24, 2013, and the judgment became final and conclusive on October 2, 2013.

On May 4, 2013, the Defendant: (a) around 21:30 on May 4, 2013, in the “C amusement tavern” located in Gyeyang-gu Incheon Metropolitan City, carried out as if the Defendant would pay the victim D, who is the manager of the said main shop, with the drinking value, etc.; and (b) ordered both lux and Hae-si and demanded female lux. However, the Defendant did not have any intent or ability to pay the said price.

The Defendant acquired financial benefits equivalent to the amount of KRW 6,40,000,000,000,000,000 from the victim, including the sum of KRW 2,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An invoice of the drinking value;

1. Previous convictions in judgment: Results of case search, and application of Acts and subordinate statutes of a written judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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