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(영문) 울산지방법원 2018.10.05 2017고단4308
사기등
Text

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

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

Reasons

Punishment of the crime

1. On May 22, 2017, at the “singing room” operated by the victim C (53) in Ulsan-gu, Ulsan-gu (53) on May 22, 2017, the Defendant: (a) despite that the Defendant did not have an intent or ability to pay the price despite having no cash or means of payment, such as a credit card, available for settlement; (b) was ordered to the victim as if he/she had an intent or ability to pay the price; and (c) was provided to the victim with KRW 277,40, 8 C, etc. at the market price from the victim as he/she had an intent or ability to pay the price.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant, at the time and place specified in the above paragraph 1, destroyed a door at the storage box of the market price, which is the victim’s ownership, after being asked to pay an alcoholic beverage value from the person who suffered damage at the time and place specified in the above paragraph 1.

Accordingly, the defendant damaged the victim's property.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against C;

1. Each report on investigation;

1. Application of statutes on field photographs;

1. Relevant Article 347(1) and 366 of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the aggregate of the amounts prescribed for the above two crimes) shall be aggravated for concurrent crimes;

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

1. The crime of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is committed as if the defendant would pay the above amount even if the defendant did not have the intent or ability to pay the amount even if he received an order of drinking, and he received an order of drinking, etc. and then received a request for the payment of the drinking value from the owner of the damaged business.

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