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(영문) 청주지방법원 제천지원 2015.12.10 2015고정173
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

1. On June 8, 2015, the Defendant: (a) around 17:10 on June 8, 2015, at “D”, a Chinese food store operated by the victim C, which is a Chinese food store operated by the Defendant; and (b) on the order of food, the Defendant, despite having taken the same attitude of paying the amount in the absence of the intent or ability to pay the amount to the victim; (c) by deceiving the victim by the method of ordering the order; and (d) failed to pay the amount of food equivalent to KRW 26,00,000, but

2. On June 9, 2015, the Defendant: (a) on the main point of “G” operated by the Victim F, Inc., the victim F in Y in Y on 20:20, Jun. 9, 2015; (b) on the basis of the order of alcoholic beverages, the Defendant took the same attitude that the victim would not have any intent or ability to pay the price; (c) by deceiving the victim by the method of ordering the order; and (d) by failing to pay the price, the Defendant acquired pecuniary benefits equivalent to the same amount by failing to pay the price to the victim.

3. At around 20:00 on June 12, 2015, the Defendant: (a) sent the same attitude in “J” operated by the victim I in Chocheon-si; and (b) on the order of alcoholic beverages, the Defendant acquired pecuniary benefits equivalent to the amount of money by deceiving the victim by the method of ordering, and by failing to pay the amount, even if he/she received alcoholic beverages equivalent to KRW 100,000,000, in total from the victim, even though he/she did not pay the amount thereof.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and I;

1. C’s statement;

1. Simplified receipts:

1. Application of Acts and subordinate statutes for explaining 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 Criminal Procedure Act;

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