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(영문) 창원지방법원 마산지원 2013.12.26 2013고정400
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

"2013, 400"

1. On October 24, 2012, the Defendant: (a) around 23:30 on October 24, 2012, the Dju point 102 operated by the Victim C (FF) in Chang-si, Chang-si; (b) Chang-si; (c) the Defendant, without any intent or ability to pay the drinking value, was provided with an amount equivalent to KRW 260,000,000, such as 10 disease, 1 disease, and 100,000, the Defendant paid the drinking value from the said C; and (d) instead, took property benefits.

2. At around 23:00 of the 25th day of the same month as referred to in Paragraph 1 above, in the same manner as Paragraph 1(a) in the G musical room operated by Changwon-si E Victim F (the age of 47) of the same month, he received from the said F an amount equivalent to KRW 180,000 in total, including one disease, one helper, and one helper volunteer service charges, and instead paid the amount, thereby taking property benefits.

around 04:00 on October 26, 2012, the Defendant ordered 15,000 won to be a mixed customer at the J level, and ordered 5,00 won of the market price to be 5,00 won, and 35,000 won of the market price to be 2,00,000 won to be 15,00 won, and one of the workers engaged in entertainment.

However, there was no intention or ability to pay the alcohol value to the victim.

As such, the Defendant, by deceiving the victim, did not pay an amount equivalent to KRW 80,000 from the victim, thereby acquiring pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statute to the police statement of C, K and I;

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

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

1. Article 57 of the Criminal Act including days of pre-trial detention;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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