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(영문) 서울중앙지방법원 2021.01.27 2020고정1478
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On March 10, 2020, around 16:30 on March 16, 2020, the Defendant placed an order for drinking and food as if the Defendant would normally pay the victim the drinking value, etc. to the victim at the “D” restaurant in Gwanak-gu, Seoul Special Metropolitan City.

However, there was no intention or ability to pay the price even if he received alcohol, food, etc. from the injured party due to the lack of cash or credit card or other means of payment.

The Defendant: (a) by deceiving the victim as above; (b) received the victim’s total amount of KRW 15,500 (8,000) and Woodong (7,500) from the victim; and (c) acquired property benefits equivalent to that amount of KRW 15,500.

Summary of Evidence

1. A protocol concerning the examination of partially the police officers of the accused;

1. C’s statement;

1. A receipt that is not calculated by the person against whom such provision is not applied;

1. A report on internal investigation (related to repayment of the price for food to a suspected person);

1. The history of the person's fraud;

1. Application of statutes on site photographs;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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;

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