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(영문) 서울서부지방법원 2017.04.14 2017고정34
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who works for removal.

1. On January 25, 2016, the Defendant: (a) around 00:30 on January 25, 2016, committed an act as if the Defendant had no intent or ability to make payment with three persons, such as friendship, and with three other persons, with the victim D (hereinafter referred to as “victim”) as if he would pay alcoholic beverages; and (b) received an amount equivalent to KRW 750,000,00, such as the cost of singing, beer, beer, and beer, from the said victim; and (c) did not pay the amount.

2. The Defendant from around 20:00 on February 7, 2016

2. 8. 8. up to 00:00, up to the day of Eunpyeong-gu Seoul, the victim F (e.g., the victim’s age 52) was committed as if he would pay the price to the victim F (e.g., the victim’s age 52) without any intention or ability to make the payment with two or more daily behaviors, and the above victim was provided with an amount equivalent to KRW 453,00,000, such as the cost of singing, singing, singing, beer, beer, and Schina, etc. and did not pay the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Application of Acts and subordinate statutes of a payment note, receipt, card payment statement

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning facts of crime, selection of fines;

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

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

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

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