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(영문) 전주지방법원 2014.02.05 2013고정1057
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 12, 2013, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court, and the above judgment became final and conclusive on October 16, 2013.

[2013 fixed-term 1057] On January 25, 2013, the Defendant issued an order to pay the price to the “D” entertainment tavern managed by the victim C in Yeongdeungpo-gu Seoul Metropolitan Government on the basis of the same attitude as he/she would make the payment, even if he/she orders the alcohol and the alcohol, and he/she received two diseases, etc. totaling KRW 920,000 from the victim.

[2013 high-level 1149] On February 9, 2013, the Defendant sent the same attitude that the Defendant would enter the Fnonosode room located on the 1st underground floor of Busan, Busan, Busan, to pay the drinking value, etc., and ordered the victim G, who is the owner of the said singing room, to provide alcohol, alcohol, etc.

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

The Defendant received from the victim property and entertainment equivalent to KRW 580,00,000 in total, for example, 17-year 20,000 per annum, 160,000 per annum, and 20,000 per annum.

Accordingly, the defendant had taken property and property benefits by deceiving the victim.

Summary of Evidence

[2013 High Court 1057]

1. Defendant's legal statement;

1. C’s statement;

1. A copy of the receipt (2013 fixed 1149);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

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 the former part of 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The punishment of the same kind of crime for which the criminal defendant committed a similar crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is stated in the first head of the crime.

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