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(영문) 서울중앙지방법원 2014.08.27 2014고정1641
사기
Text

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

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

Reasons

Punishment of the crime

On December 15, 2013, at around 00:30 on December 15, 2013, the Defendant: (a) received KRW 601,00,000 in total from the two weeks of disease, beer, five bottles, drinking water, alcoholic beverage, and singing room, and thereafter acquired property benefits equivalent to the said amount, as the Defendant did not pay the said amount, even though he/she did not have an intention or ability to pay the drinking value, etc. to the victim D (the age of 45) who is awater at the first underground of Seocho-gu Seoul Metropolitan Government 1st century; and (b) received the said amount as if he/she would pay it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Application of the Acts and subordinate statutes on account sheets and tables;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The sentencing of Articles 70 and 69(2) of the Criminal Act shall be determined as per the order, taking into consideration the fact that the accused has a history of criminal punishment several times for the same crime, but the accused fully repaid the defrauded to the victim on August 18, 2014, etc.

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