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(영문) 인천지방법원 2016.06.17 2016고정189
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 1, 2015, the Defendant: (a) from around 01:00 to around 04:15 on the same day, from around 01:0, the Defendant believed that “D” operated by Bupyeong-gu Incheon (hereinafter referred to as “D”) had the ability to pay the price, such as the alcohol value; (b) had the victim believe that he/she had the ability to pay the price; and (c) had the victim to pay the price, 30,000 won per share; (d) 30,000 won per share per share; (e) 30,000 won per share; (e) 30,000 won per share per share; (f) 75,000 won per share of entertainment service charges; and (f) 75,000 won per share of alcoholic beverages and services; and (e) had the victim acquire profits on property because he/she did not pay the price.

On October 31, 2015, the Defendant: (a) around 03:30 on October 31, 2015, the Defendant: (b) received alcoholic beverages and services in the “G” operated by the Bupyeong-gu Incheon Bupyeong-gu E Victim F; (c) provided alcoholic beverages and services; (d) provided alcoholic beverages and services, but did not receive the payment for such alcoholic beverages and services; and (e) obtained economic benefits by being provided with alcoholic beverages and services equivalent to KRW 161,00,000, totaling of KRW 9:36,000,000 for beer and damaged; (c) music costs of KRW 5,000 for beer; and (d) not paying for such alcoholic beverages and services.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police with regard to F;

1. Application of C and F’s written laws and regulations

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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