(영문) 서울남부지방법원 2020.03.27 2019고정1249

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(영문) 서울남부지방법원 2020.03.27 2019고정1249

사기

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On November 18, 2018, the Defendant, at around 02:40 on November 18, 2018, showed the same attitude that the victim C would pay the drinking value in a normal manner, and requested the victim to provide alcohol, alcohol, and alcohol.

However, the defendant did not have the intention or ability to pay the drinking value.

Nevertheless, the Defendant, by deceiving the victim as above, did not pay the amount of alcoholic beverages and services equivalent to KRW 300,000,000 in total, including KRW 300,000,000,000,000,000,000,000,000 from the victim’s singing.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to 300,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Reports on internal investigation (fields, statements by victims, etc.);

1. 112 Report Processing List of Reporting Cases (the defendant asserts that he did not have the intention to commit fraud. The criminal intent of defraudation, which is a subjective constituent element of fraud, shall be determined by taking full account of the objective circumstances, such as the financial history, environment, details of the crime, and the process of performing transactions, etc. of the defendant before and after the crime, insofar as the defendant does not confession (see, e.g., Supreme Court Decision 2015Do9497, Jan. 14, 2016). In light of the above legal principles, this case is health in light of the foregoing legal principles. In full view of all the circumstances, including the following circumstances acknowledged by the evidence of the judgment, the reason for refusing payment, and the following circumstances, it is determined that

At the time of the occurrence of the instant case, the Defendant rejected payment on the ground that the victim’s alcoholic beverages and service charges are not high.

The police officers who received 112 reports were dispatched to the site due to the occurrence of mutual trial costs between the parties as a matter of charges.

Even after the dispatch of police officers, the Defendant is able to run a business using so-called “Domina” by the instant place of business.

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