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(영문) 창원지방법원 마산지원 2018.01.23 2017고단1107
사기등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

1. On August 13, 2017, the Defendant, at around 20:00, committed an OO singing shop operated by the victim D in Changwon-si C, Changwon-si, as if he were to pay the price, and was provided with alcoholic beverages, food, etc. equivalent to KRW 5.30,000 in the market price.

However, there is no intention or ability to pay the price even if the defendant was provided with alcohol, food, etc. from the injured party due to the lack of money.

Accordingly, the defendant acquired property benefits by deceiving the victim and receiving property benefits.

2. On August 29, 2017, the Defendant, at around 00:20, committed an act as if the Defendant would pay the price in the OO music room operated by the victim F of the Victim F of the Chang-si Ma-si, Changwon-si, and was provided with alcohol, food, etc. equivalent to KRW 2.90,000,000, at the victim’s request.

However, there is no intention or ability to pay the price even if the defendant was provided with alcohol, food, etc. from the injured party due to the lack of money.

Accordingly, the defendant acquired property benefits by deceiving the victim and receiving property benefits.

3. On November 1, 2017, the Defendant, at around 21:00, 2017, committed as if the Victim H in Changwon-si G, Changwon-si would pay the price, and was demanded to provide the victim with alcohol, alcohol, and milk equivalent to KRW 200,000 in the market price.

However, there is no intention or ability to pay the price even if the defendant was provided with alcohol, food, etc. from the injured party due to the lack of money.

Accordingly, the defendant acquired property benefits by deceiving the victim and receiving property benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D, F, and H;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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