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(영문) 서울남부지방법원 2015.04.30 2015고정657

사기

Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who lacks the ability to discern things or make decisions due to stimulative disorder, dependence on alcohol use, etc.

On September 30, 2014, around 23:10, the Defendant, at “C” 2 in the second floor of Yeongdeungpo-gu Seoul Metropolitan Government building B, by deceiving the victim as if he did not have the intent or ability to pay the price even if he received alcoholic beverages from the victim D, and thereby, acquired the pecuniary benefits equivalent to that amount by failing to pay the price.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Written statements of D;

1. Each report on investigation;

1. Invoice;

1. Application of Acts and subordinate statutes, written opinions, written confirmation of entry and discharge, and written diagnosis;

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

1. Articles 10 (2) and 55 (1) 6 of the Criminal Act for statutory mitigation;

1. Articles 70 (1) 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;