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(영문) 부산지방법원 2016.12.23 2016고정3326
사기등
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

1. On July 26, 2016, at around 02:25, the defrauded: (a) in collusion with F, the “Eoman Bank operated by the victim D in Busan-gu, Busan-do,” and (b) in collusion with F, the Defendant placed an order for alcoholic beverages and algos as if he would have paid the price, and demanded entertainment receptions; (c) the Defendant was provided with alcoholic beverages and algos equivalent to KRW 104,50,00 from the victim’s seat, namely, he/she acquired alcoholic beverages and algos, tobacco, and acquired economic benefits equivalent to KRW 60,00,00 by enjoying entertainment with two entertainment receptions.

2. At around 02:30 on July 26, 2016, the Defendant insultd the victim’s victim H, a police officer belonging to the Busan Urban Police Station G District, who was called upon having received a report of dumping, for the payment of the drinking value to the Defendant, at the same place as the above paragraph (1). As such, the Defendant publicly insultingd the victim, “The Defendant, who is a police officer belonging to the Busan Urban Police Station G District, shall pay the drinking value to the Defendant.”

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol regarding F;

1. Each police statement made to I, D, and H;

1. The president of the H’s complaint;

1. Application of Acts and subordinate statutes on receipts, business permission certificates, and photographs;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, Article 311 of the Criminal Act, and the selection of fines for negligence;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant's defense counsel on the claim of mental disability of Article 334 (1) of the Criminal Procedure Act concerning provisional payment order asserts to the effect that the defendant was in a state of mental disability due to polar disorder and depression at the time of committing each of the instant crimes.

According to the records, at the time of each of the crimes of this case, the defendant was receiving a mental therapy, and the defendant is deemed to have served alcohol at the time, but each of the crimes of this case.

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