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(영문) 인천지방법원 2017.04.21 2017고정237
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant does not have cash or a credit card or any other means of payment during the period of living with basic living cost, and thus did not have the ability to pay the price even if he/she takes an order for food or alcohol.

Nevertheless, around August 16, 2016, the Defendant ordered the Defendant to pay the price to the victim within the “D” operated by the victim C in Seo-gu Incheon, Seo-gu, Incheon, and ordered the Defendant to pay the price to the victim. In addition, the Defendant ordered the Plaintiff to pay the price to the victim.

The Defendant received food and alcoholic beverage equivalent to 17,000 won at the market price from the injured party, but did not pay the price, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement prepared in C;

1. Application of Acts and subordinate statutes on customer orders;

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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