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(영문) 의정부지방법원 2017.01.23 2016고정2390
사기
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 24, 2016, around 07:50 on August 24, 2016, the Defendant: (a) committed an act as if the victim C were to pay the alcohol value at the “D” entertainment drinking point where the victim C works as an employee; and (b) ordered the victim to provide alcohol and alcohol.

However, in fact, the Defendant did not have any money available even if he was provided by the injured party with alcohol, alcohol, etc., and there was no other alternative means such as a credit card that can pay the drinking value, etc., so the Defendant did not have the intent or ability to pay the drinking value, etc.

Nevertheless, the Defendant was provided with alcoholic beverages equivalent to KRW 207,00 in total, including 8 Macju and 2 Macju from the injured party, on the basis of the aforementioned false statement.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. C’s statement;

1. Receipts:

1. Application of food photographs, business registration certificates and Acts and subordinate statutes, taken by the recipient;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. Taking into account the fact that, for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the aforementioned amusement point business owner E pays the drinking value and agreed on the ground of the sentencing of Article 334(1) of the said Act.

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