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(영문) 인천지방법원 2013.09.27 2013고정1483
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 29, 2012, around 11:09, the Defendant: (a) committed an act as if he had no intent or ability to pay the price in an entertainment tavern “D” operated by the victim C, which is located in Nam-gu Incheon Metropolitan City, as if he were to pay the said price; and (b) the Defendant acquired pecuniary benefits equivalent to the said amount by failing to pay the said price without justifiable grounds, even if he was provided by the victim with alcoholic beverages of the total amount of KRW 2.40,00,00,000, including beer 15:60,000 and KRW 88,00,000,000; and

2. On October 14, 2012, around 04:31, 2012, the Defendant was committed as if he did not have the intent or ability to pay the price in the “G music” of the victim F’s operation in Nam-gu Incheon Metropolitan City, and he did not pay the said price. Accordingly, the Defendant acquired a pecuniary benefit equivalent to the said amount by failing to pay the price without justifiable grounds, even though he was provided by the victim with alcoholic beverages worth KRW 235,00,000, total market value of KRW 235,00,000, including the amount of KRW 200,000, KRW 35,000,000.

Summary of Evidence

1. The suspect interrogation protocol of some police officers against the defendant;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes in writing 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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