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(영문) 부산지방법원 2016.06.15 2016고정1531
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 15, 2016, at around 02:50 on February 15, 2016, the Defendant: (a) requested the victim to pay in advance the drinking value in “D Singing room” operated by the Busan B Victim C (V, 53 years of age).

At the last time, the phrase “to make a full payment of the drinking value” was false.

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

The Defendant, as such, by deceiving the victim, was provided with 130,000 won, including service charges for entertainment reception service workers, regardless of whether the victim was a 100,000 won or more from the victim’s injury, as well as for 130,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes to the investigation report (related to repayment of the amount of damage);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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