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(영문) 부산지방법원 2017.06.08 2017고정664
사기
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On August 27, 2016, the Defendant received each of the alcoholic beverages worth KRW 310,00 won around August 31, 2016 from the victim C, which was operated by the Busan Dong-gu, with the same method, and acquired the total amount of KRW 920,00,00 by receiving each of the alcoholic beverages worth KRW 310,00,00 from the victim C, even though there is no intention or ability to pay the liquor value, and by using alcohol, etc., the Defendant received each of the alcoholic beverages worth KRW 920,00,00 from the victim C around September 9, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on invoices and letters;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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