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(영문) 수원지방법원 안산지원 2013.09.27 2013고정692

사기

Text

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

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

Reasons

Punishment of the crime

At around 13:35 on October 9, 2012, the Defendant ordered the “D” restaurant for the victim C’s operation in Ansan-gu, Masan-si, Annsan-si, and the Defendant ordered the alcohol and food as if he would have paid the price even if he did not have cash or card but did not have any intent or ability to pay the price even if he did not order the drinking and food.

The Defendant, as such, by deceiving the victim, received a total amount of KRW 34,00,00, such as the No. 2 of the market price of the No. 34,000 from the victim, but did not pay the said amount, thereby acquiring the same pecuniary profit.

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 and 69 (2) of the Criminal Act to attract a workhouse;

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