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(영문) 부산지방법원 2019.08.19 2019고정759
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant did not have any changed property with a certain occupation, and the defendant did not have any cash or credit card or other means of payment during the process, and thus was unable to pay the price even if he received an order for drinking.

Nevertheless, around March 10, 2015, the Defendant ordered the two-jus and safe-jus, while driving alcohol to the victim as if he would pay the price to the victim, in the studs of “D” operated by the victim C (the age of 41) located in Busan-gu, Busan-gu.

The Defendant, by deceiving the victim as above, was provided with T/C from the victim who is affiliated with it, and did not pay the price of KRW 2.5 million, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes on complaint, receipt, and business registration certificate;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

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

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