beta
(영문) 대구지방법원 김천지원 2016.11.01 2016고정420

사기

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant did not have a changed property with a certain occupation, and the defendant did not possess cash or a credit card or other means of payment during the process, and therefore did not have the ability to pay the price even if he received an order for food and alcohol.

Nevertheless, at around 22:20 on December 15, 2015, the victim C works in Kimcheon-B, it was ordered to pay the amount to the victim as if he would pay the amount.

The Defendant acquired property benefits equivalent to the same amount as the victim did not pay the price after being provided with 16,000 won in the market price from the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

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 (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;