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(영문) 창원지방법원 마산지원 2013.10.15 2013고정413
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant was sentenced to two months of imprisonment with labor at the Changwon District Court for the crime of interference with business on September 13, 2013, and the said judgment became final and conclusive on September 24, 2013.

[2013 fixed-term 413] The Defendant did not have any intent or ability to pay the price even if he was provided with alcoholic beverages and alcoholic beverages at the D points operated by the Victim C (Inn, 53 years old) located in Haan-gun, Gyeongnam-gun, Gyeongnam-gun on November 22, 2012.

Nevertheless, if the victim received an order of the amount equivalent to KRW 40,00,000 in the market price of 6 Maerju and 2 Analju, the victim did not pay the price, thereby acquiring property benefits equivalent to the above amount.

[2013 High 508] On October 29, 2012, the Defendant ordered food, such as murder and drinking, to the victim G (n, 34 years old) at the F cafeteria located in Gyeong-gun E, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun, Gyeongnam-gun.

However, even if the defendant orders food, he did not have the intention or ability to pay the price.

As such, the Defendant, by deceiving the victim, received food equivalent to KRW 37,00,00, such as murder and drinking, from the victim, and instead instead received such food benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the G’s written Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 57 of the Criminal Act including days of pre-trial detention;

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

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