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(영문) 창원지방법원 마산지원 2018.10.04 2018고정192
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Criminal facts

On January 15, 2018, the Defendant, at around 22:50, received alcoholic beverages equivalent to KRW 3,170,000,00 in the total amount of KRW 120,00,00,000 in the market price, and did not pay the same amount, as if he did not have any intent or ability to pay the drinking value within the “Esing shop operated by the victim D (M. 61 years of age)”, and thereby, the Defendant acquired pecuniary benefits equivalent to the same amount because he did not pay the drinking value from the damaged person, 30,000 won in the market price, 30,000,000 won in the market price, 17,000,000 won in the market price, 17,000 won in the market price, and 15,000 won in TC.

Summary of Evidence

1. Statement made by the police against D;

1. A receipt for the value of alcoholic beverage and a photograph;

1. Report of investigation (applicable Acts and subordinate statutes to telephone conversations with men who have drinking alcohol like a suspect);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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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