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(영문) 서울서부지방법원 2018.02.01 2017고정447

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On January 20, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Daejeon District Court's astronomical Branch, and on February 13, 2017, the said judgment became final and conclusive.

On March 19, 2016, the Defendant: (a) around 23:20, at the “D” restaurant operated by the victim C in Yongsan-gu Seoul, Yongsan-gu; and (b) at around 23:20,000 won, the Defendant, despite being provided with food, etc., was engaged in as if he would pay for the value of food, although he did not have the intent or ability to pay for the price; and (c) ordered drinking and food, and was provided by the victim, including a small number of 1 bottles and roassing, from

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of the Acts and subordinate statutes on fraud;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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