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(영문) 제주지방법원 2015.11.27 2015고정938
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 01:20 on February 5, 2015, the Defendant, “2015 High 938,” committed as if he would normally pay the price to the victim E entertainment bars operated by the victim D in Fari-si, Sari-si on February 5, 2015, and ordered the victim to provide alcohol and to receive entertainment reception.

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol and the service of entertainment receptionist.

As such, the Defendant, by deceiving the victim, received two diseases worth KRW 500,000 at the market price from the victim, and acquired financial benefits equivalent to the same amount as the Defendant did not pay the price, even if the Defendant was provided with entertainment receptionist services equivalent to KRW 100,000 at the market price.

around 19:30 on February 2, 2015, the Defendant: (a) entered an entertainment drinking house with the trade name “H” operated by the victim G (39 years of age, n) (hereinafter referred to as “H”), which is located in the niverse F ( under the ground level); and (b) ordered the victim to be 30,000 won and to be 30,000 won.

However, the facts did not have the intention or ability to pay the drinking value, etc. even though they do so.

As such, the Defendant, by deceiving the victim, was provided with alcohol and alcohol from the victim, and did not pay the price, acquired economic benefits equivalent to the same amount.

Summary of Evidence

"2015 Goi938"

1. Defendant's legal statement;

1. "Statement of statement by the police of D (including an invoice attached thereto)" 2015, 939;

1. Defendant's legal statement;

1. The police statement concerning G;

1. Application of bills, on-site photographs statutes;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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