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(영문) 부산지방법원 2013.07.17 2013고정1832
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On March 21, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for the crime of injury, etc. at the Busan District Court (2012 High Court Decision 8787) and the Defendant was finally determined on March 29, 2013.

On March 15, 2012, the Defendant, at around 21:40 on March 21, 2012, at C’s main points operated by the victim in Busan Northern-gu B, said, as if he were to pay the drinking value even though he did not have the intent or ability to pay the drinking value, and then, the Defendant, upon receiving the amount equivalent to KRW 8,00,000 from the victim 2,30,000,000 won of beer 37,000,000 won of beer, was taken and not paid the said amount.

Summary of Evidence

1. Original of the police interrogation protocol of the accused;

1. A written statement;

1. A receipt for the value of alcoholic beverage;

1. A report on investigation;

1. Previous records: Criminal records, etc. inquiry reports, written judgments, and application of the Acts and subordinate statutes of search of cases;

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

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

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

4. Article 334 (1) of the Criminal Procedure Act.

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