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(영문) 울산지방법원 2013.06.28 2013고정365
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

1. On June 11, 2012, the Defendant: (a) around 23:33, the victim C in Ulsan-gun, Ulsan-gun, was provided with the amount equivalent to KRW 15,000 at the market price, such as the Plaintiff and the Plaintiff, as if the victim C would pay the drinking value.

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

As such, the Defendant, by deceiving the victim, took property benefits by not paying the amount after being provided with alcohol and alcohol from the victim.

2. On June 30, 2012, the Defendant: (a) around 16:30 on June 30, 2012, within G cafeteria operated by the Victim F in Ulsan-gun, Ulsan-gun, the Defendant was provided with an amount equivalent to KRW 45,00 in the market price, such as the victim F, who would pay the alcohol value to the victim; and (b) the amount equivalent to KRW

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

As such, the Defendant, by deceiving the victim, took property benefits by not paying the amount after being provided with alcohol and alcohol from the victim.

3. On July 30, 2012, around 22:30, the Defendant: (a) on the taxi platform near Chungcheongnam-do, Ulsan-gun, Seosan-do; (b) on the taxi platform run by the victim H, and (c) on the operation to the south of Seoyang-gu, Seoyang-gu, Chungcheongnam-do, the destination of which was located in the Republic of Korea.

However, there was no intention or ability to pay taxi charges.

The Defendant, by deceiving the victim as such, had the victim operate the taxi, and did not pay KRW 6,00 of the taxi fee to the victim, thereby taking property benefits.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Each statement of F and H;

1. Application of Acts and subordinate statutes to a alcoholic beverage value receipt, an alcoholic beverage value invoice, and a receipt of taxi charges;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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