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(영문) 제주지방법원 2015.01.15 2014고단1646
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant does not have the intent or ability to pay the price properly even if the Defendant orders alcoholic beverage and the Saju.

1. On June 23, 2013, in the victim C’s “D dan” service in Jeju Island B around 20:30,000, pretended to pay the amount of alcoholic beverages and the amount of alcoholic beverages, and acquired it by deceiving the victim with an amount equivalent to KRW 2.75,00,00, such as two illness and the amount of alcoholic beverages, by pretending to pay it properly;

2. On July 9, 2013, around 00:30, KRW 00,00 and KRW 3.220,00,00 from the victim’s “G dynasium” in the “G dynasium” of the victim’s 1st floor located underground in the building E located in Jeju-si, pretending that the completing amount would be paid properly, and acquired it by deceiving the victim

3. On October 20, 2013, the victim I’s “J dan” operated at H on October 20, 2013: (a) pretending to pay a full amount of alcoholic beverages and an amount of money for it; (b) defrauding that the victim would be provided with an amount equivalent to KRW 1,30,000,000 from the victim, such as one disease and per share;

4. From September 12, 2014, around 00:10 on September 12, 2014, at the “M” drinking house of the victim L on the third floor of K in the Jeju-si building, the victim, who pretends to pay for alcohol and alcohol, was provided with an amount equivalent to KRW 1.97,000,000, such as two illness and beaju, and acquired it by deception from the victim.

Accordingly, the defendant was provided with a total of 920,000 won from four victims and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. L, C’s written statements and I’s written complaints;

1. Application of each receipt, each photographic statute;

1. Relevant legal provisions concerning criminal facts and the choice of punishment: Article 347 (1) of the Criminal Act;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Attraction of a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional payment order: Article 334 (1) of the Criminal Procedure Act;

1. Order to provide community service: Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, Etc. shall take into account all of the following circumstances:

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