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(영문) 부산지방법원 2013.08.16 2013고정998
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

On April 4, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, which became final and conclusive on April 12, 2013.

The defendant of "2013 High 998" did not possess cash or credit cards, etc., and did not have any ability or intent to pay the drinking value with no balance even if he/she holds a physical card.

1. 피고인은 2012. 6. 21. 22:00경 충남 아산시 C에 있는 피해자 D(만47세,여)이 운영하는 ‘E주점’에서 양주 멕켈란 15년산 1병(세트), 호가든 맥주 1병 도합 30만8,000원 상당을 제공받아 취식하고 그 대금을 지불치 않고 동액 상당의 재산상 이득을 취득하였다.

2. On June 25, 2012, at around 22:00, the Defendant was provided with an amount equivalent to 2.30,000 won, such as the two main window, 17:1 disease in 17:30,000, and ham, etc., and acquired property benefits equivalent to the said amount as the Defendant did not pay the amount.

around 00:30 on June 27, 2012, the Defendant ordered the Victim K, a business owner, to pay the alcohol value at an entertainment drinking house in the 'J' located in the Dong-gu, Dong-gu, Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul, as if he would pay the alcohol value.

However, there was no intention or ability to pay the drinking value.

The defendant acquired financial benefits equivalent to the same amount because he received from the victim, namely, a sum of the market value of 405,000 won in the victim's possession from the victim's seat, and did not pay the price.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. The police statement of K;

1. Each written statement of L or G preparation;

1. Each receipt and statement;

1. Previous convictions: References to criminal records and application of statutes governing written judgments;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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