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(영문) 서울북부지방법원 2014.09.26 2014고단1498
사기
Text

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

"2014 Highest 1498"

1. Around 20:00 on May 14, 2014, the Defendant ordered the “E” restaurant for the victim D’s operation in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, to pay the price even if he did not have cash or card, and did not have any intent or ability to pay the price even if he did not issue an order for alcohol, alcohol, etc. because he did not have any cash or card.

As such, the Defendant, by deceiving the victim, was provided with an amount equivalent to KRW 95,00,00, such as 10 Kafri-ri 10 Kafri-si, 1 Habri-si, and 1 Yai-si, and did not pay the amount, thereby acquiring property benefits equivalent to the same amount.

"2014 Highest 2631"

2. Around 02:00 on July 23, 2014, the Defendant ordered “H” main points operated by the victim G in the Seoul Jung-gu F and the second floor, Jung-gu, Seoul, and “H”. The Defendant, even if he did not possess cash or a credit card capable of settlement, ordered an alcoholic beverage as if he would have to pay the amount to the victim, even if he did not have an intent or ability to pay the amount.

As above, the Defendant, by deceiving the victim, received from the victim one of the two weeks, both a galene, which is equivalent to the market value of KRW 2.50,00,00 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. G statements;

1. Requests for the payment of the drinking value, application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense. Article 347 (1) of the same Act (Selection of each fine by taking into account the fact that the defendant has been sentenced to imprisonment for the same kind of crime and has repeatedly committed each of the crimes in this case immediately after the execution of the sentence is completed, his/her mistake is divided in depth, and the victims have fully repaid the amount of damage

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or above;

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