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(영문) 서울중앙지방법원 2013.08.20 2013고정3406
사기등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[2013 High Court Decision 3406]

1. On May 1, 201, at around 04:40, the Defendant ordered two diseases, 15 diseases, beverages 10, 10 alcohol, 10 alcohol, and 1 drinking alcohol, as two influence bars in D entertainment bars operated by the Victim C (Age 71) located in Gangnam-gu Seoul Metropolitan Government.

However, the defendant did not have an intention or ability to pay the drinking value, etc., as if he were paid.

The Defendant, as such, by deceiving the victim, was provided with alcohol and communication equivalent to KRW 500,000 from the victim.

[Judgment of the court below]

2. The Defendant is the member of the homeland reserve forces affiliated to E, and the Defendant is a member of the homeland reserve forces.

On November 8, 2011, at around 12:30, the Defendant received a second supplementary training (8 hours) in the name of the Defendant’s house located in the Seocho-gu Seoul Metropolitan Government F Building 104 on November 24, 2011, which was conducted at the training site for Gangnam-gu and Seocho-gu Reserve Forces on November 24, 201, and received a notice of convening a call for the second supplementary training in the name of the Defendant’s unit 2089 unit commander, which was sent by the Defendant or G, without justifiable grounds.

B. At around 09:30 on November 14, 201, the Defendant received second supplementary training (6 hours) in the name of the Defendant or G in the name of the first unit commander of the Army 2089, which was conducted at the home of the above Defendant on November 14, 2011 at the training site of Gangnam-gu and Seocho-gu Reserve Forces on November 28, 201, and received a second supplementary training (6 hours). However, the Defendant did not undergo the above training without justifiable grounds.

C. At around 09:30 on November 14, 201, the Defendant received second supplementary training (6 hours) in the name of the Defendant or G, which was conducted at the home of the above Defendant, on November 29, 2011 at the training site of Gangnam-gu and Seocho-gu Reserve Forces on November 29, 2011, the Defendant failed to undergo the said training without justifiable grounds, even though he received a notice of convening a call for education and training in the name of the Defendant or G.

Summary of Evidence

[2013 High Court Decision 3406]

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. C’s petition;

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