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(영문) 대구지방법원 2017.05.12 2017고정574
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

The defendant is the main customer, and the victim B (the remaining, the age of 48) is the main shareholder of "C".

On December 26, 2016, the Defendant, even though there is no intention or ability to pay the drinking value within the main point of "C" located in the Daegu Suwon-gu D, Daegu-gu, and the second floor, around 02:45 on December 26, 2016, made the Defendant believe that the Defendant would be able to receive the payment to the victim. The Defendant, upon receiving the victim’s payment of the drinking value in the aggregate of KRW 340,000,000 for both weeks and KRW 100,000,000 for both weeks, did not pay the payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of an invoice statute;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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