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(영문) 대구지방법원 2016.07.15 2016고정1211
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

1. On October 28, 2015, from around 23:00 to around 24:00, the Defendant: (a) had no intention or ability to pay the alcohol value; (b) had been engaged in drinking as if he would pay the alcohol value to the victim of the said nive club employee D; and (c) had been provided with 1 bottle and 10 beer with 350,000 won in total as the market value of the victim owned by the victim.

2. On November 21, 2015, from around 23:00 to around 24:00, the Defendant: (a) performed the alcohol as if he would pay the alcohol value to the victim D of the above age club employees; (b) ordered the alcohol as if he would pay the alcohol value; and (c) obtained the Defendant with 1 bottle and 10,000,000 won in total from the victim’s ownership, and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A complaint filed in D;

1. Application of each statute of account statement;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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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