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(영문) 울산지방법원 2013.05.06 2013고정202
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.

Reasons

Punishment of the crime

At around 22:00 on June 1, 2012, the Defendant: (a) committed an act as if he would normally pay the drinking value to the victim D operating the relevant place; (b) ordered three diseases of both fluice and demanded one flusium.

However, the defendant did not have the intention or ability to pay the alcohol value and the service fee even if he was provided with the alcohol by the victim due to the lack of cash or normal credit card.

The Defendant, by deceiving the victim, received property equivalent to 450,000 won in total at the market price of 30,000,000 won from the victim, and acquired property profits equivalent to 90,000 won in the market price from the 01:00 following day to the 01:00.

By deceiving the victim, the defendant received property or acquired property benefits equivalent to 540,000 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. List of evidence in protocol of police statement against D;

3. The police statement of “E” under the above list is made, but this is deemed to be a clerical error. 1. Business license certificate

1. Application of Acts and subordinate statutes on invoice receipt;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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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