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(영문) 부산지방법원 2016.11.10 2016고정2725
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 6, 2015, the Defendant was sentenced to six months of imprisonment from the Busan District Court for fraud, and the judgment became final and conclusive on April 15, 2016.

On October 19, 2015, around 18:50 on October 19, 2015, the Defendant: (a) executed as if the Defendant would pay the amount to the victim within the Diana, operated by the victim C (the 64 years of age, women) located in the Busan East-gu, Busan; and (b) ordered alcohol and alcohol.

However, the defendant did not have any alternative property with a certain occupation and did not possess cash or means of payment such as credit cards, etc. during the process of drinking, and there was no intention or ability to pay the price even if he/she takes an order of drinking.

Nevertheless, the defendant was provided with the 510,000,000 won of the market price from the victim and received the same, and did not pay the price.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous records: Criminal records, previous records and results of confirmation of dispositions, and application of each of the Acts and subordinate statutes governing the judgment;

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 latter part of Article 37 and Article 39 (1) of the Criminal Act for Handling Concurrent Crimes (the amount of fine specified in the summary order shall be reduced by taking into account the equity, etc. in cases where the judgment is to be rendered simultaneously with the judgment

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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