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(영문) 제주지방법원 2014.02.14 2013고정825
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

[2013 High Court Decision 825]

1. On August 6, 2011, around 03:20, the Defendant received an order for beer and five strings as if he would pay the drinking value in D entertainment tavern run by the victim C located in Jeju City B.

However, in fact, the defendant did not have any intention or ability to pay the price even if he/she received an order of alcohol or alcohol.

As above, the Defendant, by deceiving the victim, ordered an alcoholic beverage amounting to KRW 90,000, and did not pay that amount, thereby acquiring pecuniary benefits equivalent to that amount.

2. On December 16, 201, the Defendant: (a) around 21:00, the victim F, in Jeju City E, was married to G entertainment tavern operated by the Victim F, and (b) as if the alcohol value was calculated, the Defendant ordered the Victim to 5 illness, etc. from the Victim.

However, the Defendant did not have the intention or ability to calculate the drinking value, and was provided with alcohol and alcohol equivalent to KRW 500,000 from the victim.

[2013Gohap826] On April 29, 2011, the Defendant entered the “J” entertainment tavern operated by the victim I in Jeju-si on April 29, 201, and dice one disease (70,000 won), five disease (850,000 won), five disease (20,000 won), one disease (30,000 won) in the Japan-si (30,000 won) and one disease (30,000 won) in the Jan-si (30,000 won) in total.

However, the defendant did not have any intention or ability to pay the drinking value.

As such, the Defendant, by deceiving the victim, received monetary benefits by not paying the amount of money after drinking with the owner of a share of 1 million won and the owner of a share of security.

Summary of Evidence

[2013 High Court Decision 825]

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

1. Statement of each police statement against F and C [2013 High Court Decision 826]

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

1. Application of Acts and subordinate statutes on police statements to I;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Code among concurrent crimes.

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