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(영문) 부산지방법원 2016.04.20 2015고정4229
사기
Text

Defendant shall be punished by a fine of 1.5 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 April 16, 2014, around 22:50 on April 16, 2014, the Defendant: (a) entered the “D main shop” operated by the victim C in Busan YY-gu, Busan Y-gu; (b) the Defendant, despite having no intent or ability to pay the price even if he/she orders alcohol and food; (c) deceiving the victim by the method of ordering beer, etc. while doing so as to pay the price; and (d) by deceiving the victim by ordering beer, etc.; and (c) obtained the delivery of 135,00 won at the market price from the victim to the third party.

2. On April 25, 2014, around April 25, 2014, the Defendant: (a) entered a “G restaurant” operated by the Victim F, located in Busan YY-gu, Busan, on April 25, 2014; and (b) the Defendant, even if having ordered alcohol and food, did not have the intent or ability to pay the price; (c) deceiving the victim by means of ordering galking, etc. while driving as if he would pay the price; and (d) obtained the issuance of a kimchi dog and a galking amounting to KRW 12,00 in the market price from the damaged person.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Each police statement with respect to C and F;

1. Application of a receipt, invoice statute

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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