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(영문) 수원지방법원 평택지원 2012.09.13 2012고정104
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Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On February 2, 2011, at around 20:00, the Defendant acted as if he would pay the drinking value, etc. at a AF dan operated by the victim AE located in Pyeongtaek-si, and made a false statement to the victim that “Yaju and massage” was “Yaju.”

However, the defendant did not possess cash or credit cards at all, and there was no intention or ability to pay the price even if he received alcohol, alcohol, etc. from the victim.

The Defendant, as above, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to the total market value of KRW 370,000, such as the two weeks and the inside of the two weeks in the same place.

2. On February 3, 2011, the Defendant, around 02:30, acted at the AI main point operated by the victim AH located in Pyeongtaek-si, as if he would pay the drinking value, etc., and made a false statement to the victim that “Y and Ig” was changed.

However, the defendant did not possess cash or credit cards at all, and there was no intention or ability to pay the price even if he received alcohol, alcohol, etc. from the victim.

The Defendant, by deceiving the victim as above, was provided with alcohol and alcohol equivalent to the total market value of KRW 232,50,00, such as two weeks and one week, in the same place.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement made to AE and AH;

1. Statement of each drinking value, each business license certificate;

1. Application of Acts and subordinate statutes on site photographs;

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;

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