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(영문) 의정부지방법원 2016.07.26 2015고단2652
사기
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. Fraud against the victim C (2015estest 2652) on June 18, 2015, the Defendant: (a) committed an act in the “E main store” operated by the victim C on the first basement D at the time of the Government around 02:00; (b) committed an act as if he would pay the drinking value; and (c) ordered the victim to be comro or beer.

However, the defendant did not have any intention or ability to pay the above mentioned value because he did not have any money.

Defendant deceiving the victim as above and received 21,000 won at the market price from the injured party or 3 bottles, etc.

2. Fraud against the victim F and G (2015 highest 3567);

A. On August 4, 2015, around 01:56, the Defendant: (a) acted at “I’s main point”; (b) as if he would pay the alcohol value to the victim F, the business owner; and (c) ordered the victim’s alcohol.

However, the defendant did not have any intention or ability to pay the above mentioned value because he did not have any money.

The defendant deceivings the victim as above and was delivered to the victim with 30,000 won at the market price from the victim.

B. On August 4, 2015, the Defendant, at around 04:52, ordered the victim’s alcohol at the “K main store” located under the jurisdiction of the Council of Jung-si, the Defendant, acting as if he would pay the alcohol value to the victim G, who is the owner of the business, and ordered the victim’s alcohol.

However, the defendant did not have any intention or ability to pay the above mentioned value because he did not have any money.

The defendant deceivings the victim as above, and was delivered to the victim 21,000 won at the market price from the victim.

Summary of Evidence

[2015 Highest 2652]

1. Statement by the defendant in court;

1. C’s statement;

1. A certificate of business report, and a written estimate of damage;

1. On-site photographs (2015 ancient group 3567);

1. Statement by the defendant in court;

1. A written statement of F and G;

1. Application of written estimates for damage;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

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

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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