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(영문) 대전지방법원 공주지원 2013.05.10 2013고정29
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On August 23, 2012, the Defendant: (a) around 08:10 on August 23, 2012, the Defendant: (b) demanded the victim to provide alcohol and alcohol to the victim from the “Dju store operated by the Victim C in the Gongju-si.”

However, in fact, the Defendant did not possess cash or card at the time, and thought that he would have dice with a police in order to not pay the alcohol value after drinking, and therefore, he did not have the intent or ability to pay the price even if he received the alcohol or alcohol from the victim.

As such, the Defendant, by deceiving the victim, was provided with an alcoholic beverage equivalent to KRW 350,00 from the victim.

2. On August 24, 2012, at around 08:00 on August 24, 2012, the Defendant: “Around 08:00, the Defendant: (a) demanded the victim’s “Gju store operated by the Victim F in the Gong Sin-si, Ma” to provide the victim with alcohol and alcohol; (b) the victim changed the pre-paid payment; and (c) the victim took the pre-paid payment into the Tong wholesale; and (d) said, at the level of 14:00 or 15:00, the money would come into the passbook.

However, there was no intention or ability to pay the price even if the defendant was provided with alcohol and alcohol from the victim because the defendant did not possess cash or card at the time and did not intend to receive the price.

The Defendant, as such, by deceiving the victim, was provided with alcohol and communication equivalent to KRW 400,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol to F and C

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 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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