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(영문) 서울북부지방법원 2013.03.26 2013고정563
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, around 10:00 on October 5, 2012, committed as if he would pay the amount of food to the victim C in Gangnam-gu Seoul, Gangnam-gu, Seoul, as soon as he would pay the amount of food to the victim C, and was eating the amount equivalent to KRW 28,00,000, such as regradation and so forth.

However, in fact, the defendant did not have the intention or ability to pay the price even if he had the food and clothing.

Nevertheless, as seen above, the Defendant took property benefits equivalent to the same amount in a way that the victim believed that the Defendant’s horses were true, by making the victim bet and fright and drinking, and by not paying the price.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C’s statement;

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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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