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(영문) 부산지방법원 2017.05.31 2017고정261

사기

Text

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

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

Reasons

Punishment of the crime

On June 6, 2015, the Defendant entered the C cafeteria located in Busan Dong-gu, Busan around 12:10.

The defendant did not have an intention or ability to pay the drinking value because he did not possess cash or a credit card, etc. capable of paying the drinking value at the time.

Nevertheless, the Defendant was able to pay the drinking value, and the Defendant was provided with the victim D, who is the above restaurant business operator, with 3,000 won of the market price equivalent to the 3,000 won of the 3,000 won of the market price, 3 C, and 13,000 won of the market price, and did not pay the price by up to 14:40 on the same day.

As a result, the defendant, by deceiving the victim, acquired economic benefits by receiving property equivalent to 25,00 won in total at the market price.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the receipt statute

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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;