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Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
"2015 Highest 445"
1. At around 22:00 on January 27, 2015, the Defendant received an alcoholic beverage amounting to KRW 450,000 and an alcoholic beverage amounting to KRW 450,00 in total from Macju E, 'Dju', the victim of which did not have an ability or intent to pay the drinking value within the ‘Dju' store located in Young-gu, Suwon-si, Suwon-si.
"2015 Highest 1545"
2. From around 06:00 on March 23, 2015 to 09:00 on the same day, the Defendant was provided with alcohol and alcohol equivalent to KRW 300,000 in total from the victim G, operated by the victim G in Suwon-gu, Suwon-si, Suwon-si, in spite of the absence of the victim’s intent or ability to pay the drinking value, etc., as if he would pay the drinking value, etc. to the victim.
3. The Defendant continued to offer money to the victim who resides in the said entertainment tavern with the victim’s intent to do so.
The Defendant made a false statement that he/she would have his/her head and tenant at the I cafeteria located in Suwon-gu F, Suwon-gu, and that “if he/she provides money instead of the money, he/she would complete the payment with the above drinking value.”
However, there was no intention or ability to complete the payment.
The Defendant, by deceiving the victim as such, had the victim pay the total amount of 11,500 won, thereby acquiring pecuniary profits equivalent to the same amount.
Summary of Evidence
【Fact 1, 2015 Highest 445】
1. Defendant's legal statement;
1. E statements;
1. On-site photographs and receipts (the respective facts set forth in subparagraphs 2 and 3 on the market, the upper part of 2015, the 1545);
1. Defendant's legal statement;
1. The police statement concerning G;
1. Application of Acts and subordinate statutes on receipts, field 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The order of provisional payment order is issued for the reasons above Article 334(1) of the Criminal Procedure Act.