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(영문) 제주지방법원 2013.08.29 2013고정530
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[Criminal Power] On January 25, 2013, the Defendant was sentenced to imprisonment with labor for a year and two months by habitual fraud, etc. at the Jeju District Court on February 20, 2013, and the said judgment became final and conclusive on February 20, 2013.

【Criminal Facts】

1. At around 21:00 on November 10, 2012, the Defendant, even though there was no intent or ability to pay the amount of food at the Dju shop operated by the victim C in Jeju-si B, he acquired the equivalent pecuniary benefits by ordering the amount equivalent to KRW 15,00 won at the 15,000 market price at the 2nd Dang 1, 200.

2. On November 26, 2012, the Defendant: (a) around 19:00, the Defendant received pecuniary benefits equivalent to the amount of the purchase price by placing an order for drinking alcohol equivalent to KRW 256,00,00, total of KRW 180,000, and KRW 60,000, and KRW 256,00,00, and KRW 256,00,00, and KRW 2,000, not having the intent or ability to pay the drinking value at the “F” dan operated by the Victim E in Jeju; and (b) the Defendant received monetary benefits by placing an order for drinking alcohol equivalent to the amount of KRW 180,00,

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. C’s statement;

1. Receipts:

1. Previous convictions indicated in the judgment: The application of facts and the Acts and subordinate statutes which are obvious to this court;

1. Article 347 (1) of the Criminal Act and the choice of a fine concerning the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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 for the detention of a workhouse;

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

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