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(영문) 광주지방법원 순천지원 2016.12.19 2016고정333
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 30, 2013, the Defendant: (a) around 01:30, at the “Dju shop” operated by the Victim C in Mineyang-si B, the Defendant would like to pay the amount to the victim; (b) ordered the payment; and (c) requested the Domin service.

However, the defendant did not have any means of payment such as cash or card at all at the time, and there was no intention or ability to pay the drinking value even if he was provided with the above alcoholic beverages.

The Defendant was provided by the victim with alcoholic beverages and services equivalent to KRW 2.30,000,00 in total, including KRW 60,000,000,000,000 from the above main point.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Second-time protocol concerning the examination of the suspect against the accused;

1. Statement to C by the police;

1. Application of the receipt statute

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of 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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