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(영문) 수원지방법원 2013.09.13 2013고정2076

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 11:30 on April 2, 2013, the Defendant ordered alcoholic beverages, such as Yangju, as the Defendant would pay the price at one location of Dju, operated by the victim C of the fourth floor B and D.

However, the defendant was not in possession of cash at the time, and there was no balance, and the defendant did not have an intention or ability to pay the price even if he was provided with both shares, etc. from the victim.

Nevertheless, the Defendant: (a) by deceiving the victim as above from the victim until 04:00 on the following day; (b) obtained liquor and service equivalent to 11.20,000 won in total, including the market price of 12:30,000 and 2.50,000 won in the market price; and (c) obtained liquor and service from the victim, including the 17:1,270,000 won in the face value.

Summary of Evidence

1. Each protocol of interrogation of a police officer against the accused and E;

1. Statement to C by the police;

1. Receipts, on-site photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

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;

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