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(영문) 대구지방법원 포항지원 2014.01.17 2013고정611
사기
Text

Defendant shall be punished by a fine of 4.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

around 22:00 on January 31, 2013, the Defendant ordered the victim D (the 28 years of age) who is an employee, to pay the alcohol value, and ordered the 10 illness and the 10-day watch to the 10-day watch.

However, the defendant did not have any intention or ability to pay the drinking value, etc. even if he takes the place of drinking.

The Defendant, by deceiving the victim, was provided by the victim with a total amount of 80,000 won, including 10,000 won, 50,000 won, 30,000 won, etc., and did not pay the amount.

around 22:30 on November 18, 2012, the Defendant ordered the alcohol as if he would pay the price at the Southern-gu Eju shop operated by the victim.

However, the defendant was not able and able to pay the drinking value.

As above, the Defendant was provided with 15 Madro (per 5,000 won per opening) with the victim’s 75,000 won (per 5,000 won) at the market price, which is believed to be true by deceiving the victim as such.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of each statute of the D and F Statements;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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