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(영문) 대구지방법원 영덕지원 2014.02.12 2013고단206
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. The Defendant committed the crime of April 30, 2013: (a) around 21:30 on April 30, 2013, the Defendant ordered the victim D to engage in an “Enopolym” where the victim D worked as an employee; (b) as if he would pay the victim D value, he/she ordered the alcohol and the alcohol; (c) however, the Defendant did not have any intent or ability to pay the price even if he/she ordered the alcohol due to the lack of money in fact.

The Defendant was provided with the victim D with 30,000 won of beer, beer, beer, etc. equivalent to 400,000 won.

2. On May 21, 2013, the Defendant committed the crime of May 21, 2013: (a) around 23:00, at the “G main store” operated by the Victim F in Ulsan-gun, Ulsan-gun, Inc., the Defendant ordered the Victim F to pay the amount as if he would pay the amount of the alcohol; (b) however, the Defendant did not have any intent or ability to pay the amount of the alcohol even if he did not have any money.

The Defendant was provided with the victim F with 30,000 won of beer and 400,000 won of beer.

3. On May 23, 2013, the Defendant committed the crime of May 23, 2013, at around 06:40, around the 06:40, the taxi department located in Ulsan-gun C, “H”, a victim I, a driver of an individual taxi, naturally as if he would pay for the taxi fee. However, the Defendant did not have any intent or ability to pay for the taxi even if he/she operated the taxi because there is no money with the intention to pay for the taxi fee.

The Defendant had the victim I operate approximately 30 kilometers in front of the K-J of the Ulsan-gun, and did not pay 40,000 won of the taxi fee to the victim I, thereby acquiring property benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in F and D;

1. Application of each of the Acts and subordinate statutes stated in a written statement (I) and a simplified receipt;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Of concurrent crimes, the punishment stipulated in the crime of fraud against the victim F with the largest number of offenses prescribed in the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act.

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