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(영문) 대전지방법원 2013.06.14 2012고정2723

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

1. On June 12, 2012, around 02:37, the Defendant received an order for food equivalent to KRW 17,000 in total of KRW 17,00,00 from the Seo-gu Daejeon, Seo-gu, Daejeon, that did not have an intent or ability to pay the food cost in the “Dcafeteria” operated by the Seo-gu Seoul Metropolitan Government Victim C, and acquired it by deception, even though he did not have an intent or ability to pay the food cost.

2. On June 14, 2012, around 14:30 on June 14, 2012, the Defendant, even though there was no intent or ability to pay the food cost in the “Gcafeteria cafeteria operated by the Seo-gu Daejeon E Victim F, Seo-gu, Daejeon, by orders the food of a total sum of KRW 17,00,000, which was issued and acquired.

3. On June 15, 2012, at around 14:20 on June 15, 2012, the Defendant received food equivalent to KRW 5,00,00, and acquired it by deception, even though he/she did not have the intent or ability to pay the food cost, the Defendant ordered food equivalent to the total of KRW 5,00,00,00 for one person of the refaculation, 2 bottled, 3 Macing, Macra, Macra, and Dack Kimchi.

Summary of Evidence

1. The suspect interrogation protocol of some police officers against the defendant;

1. Each police statement made to F and I;

1. C’s statement;

1. Application of an invoice statute;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 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;