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(영문) 부산지방법원 2015.07.02 2015고정1806
사기등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On January 12, 2014, at around 22:00, the Defendant: (a) entered the victim F, a business owner, as a customer in the E dan located in Busan-gu, Busan-do; and (b) received 6 Maju and 4 Majus equivalent to the market price of KRW 40,000.

However, the defendant and C did not have the intention or ability to pay the drinking value to the victim.

Accordingly, the Defendant conspiredd with C to obtain pecuniary benefits equivalent to the above amount by deceiving the victim, thereby failing to pay the above amount.

2. In collusion with insult C, the Defendant openly insultd the victim by openly insulting the victim on the ground that the victim demands the drinking value at the time, place, etc. set forth in paragraph (1) by stating that “the victim is a male guest and female customer on his/her name, who has four female customers” to the victim’s “Chewing years, chewing years, the same opening, and the death penalty.”

3. On January 12, 2014, from around 22:00 to around 22:30, the Defendant: (a) conspired with C to avoid entering the victim’s bar business by, in collusion with C, making it impossible for customers who were entering the victim’s main point of view by, having the victim take a bath to the victim on the ground that the victim demands the alcohol value at the place prescribed in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. The police statement concerning F;

1. The receipt [the defendant is found to have drinking at the time of the crime in this case, but considering the circumstances leading to the crime, the method of the crime, and the situation before and after the crime, it cannot be deemed that the defendant had no or weak ability to discern things at the time, and thus, the defendant's mental and physical disorder and defense counsel's mental and physical disability cannot be accepted].

1. Article 347(1) and Article 30 of the Criminal Act, Articles 311 and 30 of the Criminal Act, Article 314 of the Criminal Act concerning criminal facts.

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