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(영문) 부산지방법원 2019.01.11 2018고정1503
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

Around October 4, 2014, the Defendant: (a) had no changed property with a certain occupation; and (b) had no ability to pay the price even if he/she did not have any means of payment, such as cash or credit card, and (c) had no ability to pay it; (d) around October 23, 2014, the Defendant: (a) was engaged in an entertainment drinking house located in Busan Dong-gu B (hereinafter “instant entertainment drinking club”); and (b) ordered the payment of the price to the victim; (c) ordered the payment of the price to the victim; and (d) the Defendant had received food and service equivalent to KRW 170,000 at the market price, such as Triju and Triju; and (e) obtained economic benefits equivalent to the same amount because he/she did not pay the price to the victim.

In addition, the Defendant acquired property profits equivalent to KRW 2,200,000 at the market price in the instant entertainment bars for more than two months from around that time to December 19, 2014, as shown in the crime sight table (attached Form).

Summary of Evidence

1. The suspect interrogation protocol of the accused;

1. Statement of D;

1. Application of Acts and subordinate statutes to a petition, a business license certificate and invoice;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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