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(영문) 의정부지방법원 2013.11.22 2013고단1828
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant did not have any ability or intent to pay the price even if the Defendant received alcoholic beverages, etc. from the victim of the “E” operated by the victim D in Gangnam-gu Seoul Metropolitan Government for having no particular occupation after the Defendant was released from his/her own correctional institution.

Nevertheless, the defendant, in the above entertainment tavern, is the victim.

A. Falsely speaking, around June 27, 2012, the victim received alcoholic beverages equivalent to KRW 2.3 million from the victim, stating that “I would have returned to the OCB broadcasting station that was previously going before, and will have deposited on 15 days.”

B. On July 25, 2012, the phrase “a corporate card will make a settlement at the face of the card,” which is provided by the victim with alcoholic beverages of an amount equivalent to 3.50,000 won;

C. On August 3, 2012, the Plaintiff received alcoholic beverages, etc. equivalent to an amount of 2.190,000 won by stating that “The amount that had not been paid prior to the payment will be adjusted and that would be the same.”

D. On August 9, 2012, the Plaintiff was provided with alcoholic beverages, etc. equivalent to an amount of 2.760,000 won by falsely stating that “which received stock dividends of the F Company and will make a settlement with a corporate card.”

E. On August 22, 2012, the Plaintiff provided alcoholic beverages, etc. equivalent to KRW 3.530,000,000 on the ground that “The F Company’s stock dividends were received by the F Company.”

F. On September 5, 2012, the Plaintiff provided alcoholic beverages, etc. equivalent to KRW 3.180,000,000 on the ground that “G representative director consulted with the G representative director, who would drink alcoholic beverages.”

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused (including DNA statements);

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on complaint and receipt;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Selection of the selective fine of punishment (along with the crime during the period of repeated crime, the fact that the victim does not repeat the crime while reflecting it, the fact that the victim has agreed with the victim, the amount and circumstance of the defraudation, health conditions, etc. shall be given an opportunity to last correct it within society).

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