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(영문) 대전지방법원천안지원 2020.08.28 2020고정132
사기
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant did not have any changed property with a certain occupation, and the defendant did not have any cash or credit card or other means of payment during the process, and thus was unable to pay the price even if he received an order for drinking.

Nevertheless, around 18:57 March 15, 2019, the Defendant, within the “C” restaurant operated by the victim in the Gangnam-gu Seoul Metropolitan City, Chungcheongnam-gu, Seoul Metropolitan City, the Defendant ordered the Defendant to pay the amount to the victim as if he would pay the amount.

The Defendant acquired financial benefits equivalent to the same amount as the Defendant did not pay the amount after being provided with 3 times a week equivalent to the market price of 54,000 won from the victim.

Summary of Evidence

1. Written statements of D;

1. Application of the Act and subordinate statutes on the inspection of occurrence of the case, receipts, and field photographs;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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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