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(영문) 의정부지방법원 2014.07.24 2014고정1054
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 19, 2014, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the District Court, which became final and conclusive on May 8, 2014.

"2014, 1054"

1. Around 03:00 on June 17, 2013, the Defendant ordered alcohol and alcohol as if he would pay the alcohol value to E, an employee of the location of the victim B, located in Gyeonggi-gun, Gyeonggi-do. Around 03:00.

However, the defendant did not have any particular income due to the absence of occupation, and there was no intention or ability to pay the drinking value due to the suspension of the card as well as the absence of money at the time.

Nevertheless, the defendant was provided by E with the total amount of KRW 1,30,000 in the market price and acquired it by fraud.

"2014 Highly 1055"

2. Around 02:00 on June 25, 2013, the Defendant issued an order for 5 illness, Japan, etc. by taking the same attitude that the Defendant would pay the victim’s drinking value to the victim F, operated by the victim F, who was on the first floor G underground level G at the Government-si.

However, the defendant did not have any intention or ability to pay the price because there is no money available to him.

Nevertheless, the Defendant, by deceiving the victim as above, was provided with the victim with a total of KRW 1,70,000,000 from the market value, which is the victim's possession, and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement prepared by the F;

1. Statement of the value of alcoholic beverages, receipts, and official photographs of each field;

1. Previous records: Criminal records, etc. inquiry reports, previous records of dispositions, results of confirmation, and application of each statute of the judgment; and

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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