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(영문) 서울북부지방법원 2017.02.02 2016고정2400

사기

Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 12, 2016, around 02:20 on January 12, 2016, the Defendant took an attitude that the Defendant had shown to pay the drinking value to the victim D, an employee, at C Age, in Seoul Jung-gu, Seoul, and was provided with alcohol and alcohol equivalent to KRW 105,00 in total, including 10 bottles and 2 drinking water.

However, even if it is provided, there is no intention or ability to pay the drinking value.

The defendant did not pay the drinking value even though he was provided with alcohol from the injured party.

Accordingly, the defendant deceivings the victim, thereby acquiring economic benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Written statements prepared in D;

1. The application of the Act and subordinate statutes to the investigation report (as to the habitability of A);

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

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;