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(영문) 서울북부지방법원 2013.09.03 2013고정2079
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

207 Decided 2013.2079

1. On April 6, 2013, around 19:30 on April 6, 2013, the Defendant did not have the intent or ability to pay the price within the “Cju” of the first floor B underground of Gangnam-gu Seoul Northern District, Seoul, and acquired the same amount of monetary benefits as the Defendant did not pay the price after taking an order with an amount equivalent to KRW 975,000,000, such as the amount of KRW 6.445,000, and beer and beer in an amount equivalent to KRW 40,00.

Extraordinaryity 2013 fixed 2080

2. Notwithstanding the fact that the Defendant did not have the intent or ability to pay the drinking value even if he/she did so, the Defendant issued an order for drinking and drinking alcohol with an amount equivalent to KRW 595,000,00 for drinking and drinking alcohol, at around April 6, 2013, at Gju where the victim EF works in Gangnam-gu Seoul Metropolitan Government, the Defendant obtained the same amount of monetary benefits as he/she did not pay the price.

Extraordinary 2013 fixed-term 2086

3. At around 02:40 on April 5, 2013, the Defendant: (a) ordered the victim J, the owner of the business, to pay the alcohol value even without any capacity or intent to pay the alcohol value; (b) ordered the scarblue Schilu 5 illness, fruits, and sugar, etc.; and (c) received the victim’s delivery of alcohol and alcohol equivalent to the sum of KRW 569,000 in total.

Summary of Evidence

The fact of No. 1 at the time of sale

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Written statements of D;

1. The fact of paragraph (2) at the time of marketing the receipt;

1. Defendant's legal statement;

1. The police statement concerning F;

1. Each fact listed in the third paragraph at the time of marketing a receipt;

1. Defendant's legal statement;

1. Statement to J police officers;

1. Written statements of D;

1. Summary receipt;

1. Application of statutes on field photographs;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Articles 70 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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