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(영문) 창원지방법원 통영지원 2014.04.09 2013고정175
사기
Text

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

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

The Defendant and B are members of the Company C belonging to (State) Treatment Shipbuilding and Marine Cooperation Company.

Defendant

B around 02:50 on October 15, 2012, within the Fjus located in Gyeongnam-si operated by the victim D (48 years of age, women), as if he would pay the alcohol value, etc. to the victims of the above main shop, he ordered three soldiers of the above main shop as he would pay the alcohol value, etc. to the victims of the above main shop, and he took advantage of entertainment for two hours together with two main stations of Doz.

However, Defendant and B did not have any intention or ability to pay the value of fact.

As such, the Defendant, by deceiving the victim, obtained a total of 480,000 won, such as the drinking value, the main service charge, etc. from the victim.

B. At around 22:00 on October 17, 2012, Defendant and B, within the Hju point operated by the Victim G (the 42 years of age, women), ordered two weeks of disease as if they would pay the alcohol value to the victim, the above main shop owner, and took advantage of entertainment for one hour with two main shop owners.

However, Defendant and B did not have any intention or ability to pay the value of fact.

The Defendant, by deceiving the victim as such, obtained the victim a total of KRW 190,000, including the main service charges of KRW 60,000,000, which is equivalent to the market price of KRW 130,000 from the victim.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Protocol concerning the examination of suspect B;

1. Application of Acts and subordinate statutes on police statements made to D and G;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice 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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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