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(영문) 의정부지방법원 2015.01.29 2014고정2665
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

Punishment of the crime

On September 18, 2014, the Defendant was sentenced to one year of imprisonment for fraud at the Changwon District Court, and the said sentence became final and conclusive on November 24, 2014.

around 21:30 on February 6, 2014, the Defendant ordered the Victim C to pay the food value and drinking value in the “Dju shop” operated by the Victim C in Dongbcheon-si, Dongbcheon-si, and ordered the Victim C to pay the food and drinking value.

However, there was no intention or ability to pay the above food value and drinking value as the defendant does not possess cash to pay the above food value and drinking value during his/her period of time.

The Defendant, as such, by deceiving the victim, received food and alcohol equivalent to KRW 400,00 in total from the seat.

around 01:00 on January 30, 2014, the Defendant ordered 550,000 won, including drinking and drinking, at an entertainment drinking house in the trade name of “Gju” located in the Government-Si operated by the Victim E”.

However, even if the defendant ordered food, he did not have any intention or ability to pay the price.

As such, the Defendant, as if he were to pay the drinking value, had the victim E by deceiving the victim E, and had the victim provided alcohol and alcohol equivalent to 50,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C and E;

1. Each receipt; and

1. All on-site photographs;

1. Judgment division: Application of criminal history inquiry report, econet case search statutes;

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

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

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is about 40 times the criminal defendant with the same criminal records, and the sentence is at least 10 times the criminal records, and the criminal records of the same criminal records are considered to have been repeated for 50,000 days after the release.

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