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(영문) 대전지방법원 천안지원 2014.07.22 2014고정266
사기
Text

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

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

Reasons

Criminal facts

At around 04:00 on October 5, 2013, the Defendant, at the “Dju” point of the victim C’s operation located in Asan City, Asan City, issued a false statement as if the Defendant would have paid the price by ordering the victim to provide the alcohol and the safe-time loan and requesting it to receive the loan.

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol, alcohol, etc. from the victim.

The Defendant obtained 1,40,00 won from the victim, namely, a 15-hour 150,000 won of beer and a 2-hour 50,000 won of beer loan, and acquired 2-hour 1,000 won of beer loan and 30,000 won of singing, and did not pay service fees.

In this respect, the defendant deceivings the victim and acquired property and pecuniary profits.

Summary of Evidence

1. Statement to E by the police;

1. C’s statement;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

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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