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(영문) 광주지방법원 2016.06.09 2016고정423

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On October 6, 2015, at around 00:50, the Defendant: (a) committed as if he had no intent to pay the alcohol value to the victim D (32:32) who is the owner of the business within the “C” entertainment shop in Gwangju Mine-gu; (b) obtained pecuniary benefits equivalent to the amount of the said value by failing to pay the alcohol value to the owner of the business; and (c) by failing to pay the said value to the owner of the victim D (32:32).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Application of an invoice statute;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the selection of fines (in consideration of the fact that the victim paid the above drinking value to the victim and agreed on it);

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;