logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.01.28 2015고단3504
사기
Text

1. The defendant shall be punished by a fine not exceeding 4,000,000 (private million).

2. When the defendant does not pay a fine, 10,000 won.

Reasons

Punishment of the crime

[criminal records] On July 24, 2014, the Defendant was sentenced to five months of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence at the Sungdong detention center on November 7, 2014.

[2015 Highest 3504]

1. On September 18, 2015, around 02:00, the Defendant ordered F to provide alcohol or alcohol to his/her employee under the condition that he/she had no intent or ability to pay the price normally at the “E” drinking house for the victim’s D operation in the Gangnam-gu Seoul Metropolitan Government and the fifth level.

The Defendant, by deceiving F as such, was provided by F with alcohol and alcohol equivalent to KRW 369,00 in total, including milk, fink's, Kascker 3 Byung, Kaber 1 Byung, scarbru 1 Byung, and scarbru 1 Byung.

Accordingly, the defendant was given property by deceiving the victim D to receive property.

[2015 Highest 3912]

2. On October 29, 2015, around 00:05, the Defendant ordered alcohol, alcohol, etc. under the state of having no intent or ability to pay the price normally at the “I” drinking house operated by the victim H in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu.

The Defendant, as such, by deceiving the victim, obtained the victim from the victim H a total of KRW 201,00,00, including KRW 3 C and 1 C, etc., from the victim H, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of each police statement made to F and H;

1. A copy of business registration certificate and a customer order;

1. Application of replys to inquiries, such as criminal history, and individual identification conditions statutes;

1. Article 347 (1) of the Criminal Act of the relevant Act on criminal facts (to select a fine, taking into account the fact that an agreement has been reached between the victims and the victims that the crime or the crime was committed during the period of repeated crime, and that the victims expressed their intention not to punish them);

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;

arrow