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(영문) 부산지방법원 2014.07.23 2014고정2428
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

1. At around 18:30 on February 28, 2014, the Defendant acquired financial gains equivalent to KRW 220,000, by deceiving the victim, even though he/she was provided with an amount equivalent to KRW 220,00,00 in total, such as beer 15 illness (150,000), singing 2 hours (20,000), and gambling service charges (50,000), and did not pay the said amount, even though he/she did not intend or ability to pay the drinking value at the D musical shop operated by the victim C in Young-gu, Busan.

2. On March 1, 2014, the Defendant, at around 02:40, obtained the sum of KRW 150,000,00, including 100,000, 300, 300, 200, 200, and 60,000, and did not pay the said sum of the victims’ G main points operated by the Victim F in Busan Young-gu, Busan, while having no intention or ability to pay the drinking value, and acquired the pecuniary benefits equivalent to the said sum by deceiving the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of each receipt statute;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the depth of the defendant's confession of the crime, and the fact that the defendant paid the victims the drinking value after the prosecution and agreed with the victims, the defendant is hospitalized due to alcohol dependence, emulation, depression, etc. In addition, considering the details and details of the crime of this case, the defendant's age, character and conduct, and environment, the punishment as set forth in the order shall be determined.

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