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(영문) 서울북부지방법원 2016.03.17 2016고정144
사기
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 22, 2015, at around 01:00, the Defendant used the studio and used the entertainment service by ordering and using the entertainment service, despite that the Defendant did not have the intent or ability to pay liquor, etc., at the “D” bar of the victim C’s operation located in Jung-gu Seoul Metropolitan Government B, and was committed as if the Defendant would pay the price and service charges.

The Defendant: (a) by deceiving the victim as above; (b) obtained property equivalent to KRW 275,00 in total amount of the market price by being provided with 1 bottles, 1 week, 15 drinking water, and 15 drinking water between the victim and the victim from the above date from the above date to 04:00 on the same day; and (c) obtained property benefits equivalent to the amount of KRW 140,000 in total due to the lack of payment of service fees of KRW 140,000 in total while being provided with services, such as 10,000 and 40,000.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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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