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(영문) 의정부지방법원 2017.01.20 2016고단5562
사기등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. Fraud;

A. On December 14, 2016, at around 12:08, the Defendant ordered the Victim C to 1 Byung-ju (1:00,000,000) of the E-cafeteria operated by the Victim C, which had been put in place as if the payment would normally be settled, and the Defendant ordered the Victim C to 1 Byung-ju (1:00,000,000,0000).

However, the defendant did not have an intention or ability to pay the price normally due to the lack of cash or card.

Nevertheless, the defendant deceivings the victim as above and acquired the food amounting to 11,000 won from the victim, i.e., the victim.

B. On December 14, 2016, around 15:45, at the H restaurant operated by the victim F, the victim F, the Defendant against the victim F, was ordered to order the victim F to 1 and 2 C as if the payment would normally be settled.

However, the defendant did not have an intention or ability to pay the price normally due to the lack of cash or card.

Nevertheless, the defendant deceivings the victim as above and acquired the food amounting to 18,000 won from the victim, i.e., the victim.

2. On December 14, 2016, the Defendant: (a) was arrested in a flagrant offender on the ground of the crime described in paragraph (1); and (b) damaged goods that were installed in the detention room for the government police station located in the fourth room for the reason that the fire occurred; (c) removed a changeer installed in the detention room for the reason that the fire occurred; and (d) damaged goods that were used by public offices inside the dwelling room for the reason that the fire occurred.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of C and F;

1. The 112 reported case handling table, investigation report (to hear the statement of the victim, etc.), investigation report (to take photographs, etc. of knobs of public goods), investigation report (to attach a victim C or F statement hearing CD);

1. Each receipt and estimate; and

1. Application of suspect's photograph, each on-site photograph, damaged photograph, and CD-related Acts and subordinate statutes;

1. Article 347 of the Criminal Act concerning criminal facts and the choice of punishment

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