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(영문) 서울남부지방법원 2015.03.31 2014고단1851
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[2014 Highest 1851] The Defendant, around 18:00 on May 10, 2014, sent the same attitude that the victim would normally pay the price despite having no intent or ability to pay the price even if he/she received an order for drinking, etc. from the victim in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, by ordering the victim to pay the price. The Defendant ordered that the sum of 149,000 won, including drinking, should be paid to the victim in a normal manner, and then acquired the above amount after being provided by the victim.

[2015 Highest 571] On February 14, 2015, the Defendant, at the “H” of the victim G operation located in Yeongdeungpo-gu Seoul Metropolitan Government, and even if he/she did not have the intent or ability to pay the price to the victim even if he/she received an order for drinking, etc., he/she showed the same attitude that the victim would normally pay the price to the victim. The Defendant ordered the drinking, etc., and the Defendant, on the same page, obtained the victim with the total amount of KRW 250,00 in the market price of both liquor 1 and 5 Creju, drinking water, 10 illness, Japan, and Ma-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective laws and regulations of D and G;

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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