(영문) 서울동부지방법원 2015.01.27 2014고정2168



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

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


Punishment of the crime

On October 21, 2013, at around 21:25, the Defendant ordered the victim C to pay the price to the victim at the D restaurant operated by the victim C in Gwangjin-gu Seoul Special Metropolitan City.

However, the defendant did not have any intention or ability to pay the price even if he did not have cash 2,00 won but did not order drinking and food because of no credit card, etc.

Nevertheless, the Defendant received from the victim the alcohol and food equivalent to KRW 27,00,00 from the victim and acquired it by deception.

Summary of Evidence

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

1. Statement of the police statement regarding C;

1. C’s statement;

1. Application of the receipt statute

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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