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Reasons
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(영문) 부산지방법원 2016.04.15 2015고정3974
사기등
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Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

[2015 High 3974]

1. On September 5, 2014, the Defendant violated the Punishment of Violences, etc. Act (damage, etc. to common property) was carrying alcohol at around B, C, and D around September 22, 2014, while drinking alcohol at the 109 room room located in the Busan East-gu, Busan, the Defendant was in a scambling and scambling with the table table, and the scam was cut the floor of the scambing.

The Defendant, in collaboration with B, C, and D as above, destroyed the property in a way that the sum amounting to KRW 3,685,750 of the repair cost of the table and the substitute floor owned by the Victim G, which is the owner of the FNA club.

2. The Defendant entered the same as the date, time, place, B, C, and D as stated in paragraph 1. The fact shows the attitude that the Defendant would have been able to pay the drinking value despite having no intention or ability to pay the drinking value. The Defendant ordered the drinking and algorith, etc., which was obtained from the victim H, who is an employee of the said FN club, a total of KRW 706,000, such as the two weeks.

On May 30, 2015, the Defendant: (a) around 02:30 on May 30, 2015, 2015, at the “K stores” in the operation of the Victim J in Busan Dong-gu, Busan; (b) stated that the Defendant would pay the drinking value despite having no intention or ability to pay the drinking value; and (c) ordered the drinking and algori, etc.; and (d) stated that the Defendant received from the injured party an alcoholic beverage amounting to KRW 140,00,00 in total, such as 20 Scriju, 20 Scriju, and 1 Scriju.

Summary of Evidence

[2015 High 3974]

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police officer under B;

1. Statement made by the police with H;

1. Simplified receipts and estimates of tax;

1. Photographs damaged by property;

1. Each investigation report "2016 high-level 1143";

1. Statement by the defendant in court;

1. Statement made by the police to J;

1. Application of the receipt statute

1. Article 2(2)1 of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 366 of the Criminal Act (the point of joint property damage) and Article 347(1) of the Criminal Act (the point of fraud).

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