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(영문) 서울중앙지방법원 2013.04.11 2012고정6769

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

From around 18:50 on October 3, 2012 to 21:40 on the same day, the Defendant did not have any intent or ability to pay the drinking value in an entertainment tavern under the trade name “D” operated by the injured party C, which was located in the first floor of Jongno-gu Seoul Jongno-gu Seoul (Seoul) and from around 18:50 on the same day. Notwithstanding that the Defendant did not have an intent or ability to pay the drinking value, the Defendant earned financial benefits equivalent to the said amount as he did not pay the drinking value by placing an order for alcohol and alcoholic beverages of the total amount of KRW 1,00,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000).

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. A written statement prepared in C;

1. Application of detailed Acts and subordinate statutes;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;