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(영문) 창원지방법원 2013.11.05 2013고정114
사기
Text

1. The defendant shall be punished by a fine of two million won;

2. 50,000 won where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant did not have a certain occupation, and at the time of the case, was under the circumstances in which he could not pay the alcohol value even if he does not carry cash or credit card.

Nevertheless, at around 22:00 on March 23, 2012, the Defendant made a false statement to the effect that he would pay the drinking value at the D points operated by the victim C located in Kimhae-si, Kim Jong-si, and that he obtained a monetary benefit equivalent to the same amount by not paying the same amount by being provided with food and alcoholic beverages equivalent to the sum of KRW 200,000,000, such as service fees for entertainment reception workers, etc. from the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

3. It is so decided as per Disposition for the reason under Article 334(1) of the Criminal Procedure Act above.

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