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(영문) 부산지방법원 2018.01.12 2017고단5023
사기
Text

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

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

Reasons

Punishment of the crime

[2] On October 9, 2017, the Defendant: (a) around 02:40 on the second floor of the building located in Busan B, the head office “C” (victim D Management) of the building located in Busan, and ordered the victim to provide alcohol and alcohol.

However, the defendant did not have the intention or ability to pay the price even if he was provided with alcoholic beverages and alcohol from the injured party.

The defendant has been provided from the damaged person with alcohol and alcohol equivalent to the market price of 80,000 won in the same place, and acquired it by fraud.

[2] On September 20, 2017, the Defendant: (a) around 23:10 on September 20, 2017, the Defendant: (b) provided “F” entertainment stations located in Busan E [the operation of the G president of the G (hereinafter “G president”) as if the Defendant would normally pay the alcohol value to the victim; (c) the Defendant ordered the Plaintiff to engage in the instant entertainment service at KRW 4 C and E and one entertainment receptionist service.

However, in fact, the defendant did not have any intention or ability to pay the price even if he was provided with alcoholic beverage and alcohol due to the lack of money.

Accordingly, the Defendant, by deceiving the victim, was provided with a total of KRW 100,000,00 from the victim.

Summary of Evidence

[5023]

1. Statement by the defendant in court;

1. Statement made with D;

1. Each photograph/cinematographic output, written request, and business license [587];

1. Statement by the defendant in court;

1. Statement with respect to the president of G;

1. Each photograph/cinematographic output, application of the invoice statute;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

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

1. The Criminal Act provides that each of the crimes of this case with the reason for sentencing of Article 334(1) of the Criminal Procedure Act is committed during the period of repeated crime, on the other hand, the amount of damage is not much significant, and the victims do not agree with the defendant and want punishment.

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