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Defendant shall be punished by a fine of KRW 2,500,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On November 2, 2015, around 23:30 on November 23:30, 2015, the Defendant found the victim D’s “Sing shop” in Busan Shipping Daegu, as a customer. As if the victim had an intent or ability to pay the payment, the Defendant was provided with both 1 and 20,000 won per each share, 20,000 won per each share, and 3 times per share from the victim.
However, at the time of fact, there was no intention or ability to pay the amount even if the defendant was provided with alcohol, alcohol, etc. from the injured party because there was no cash or other means of payment to pay the drinking value.
As such, the Defendant, by deceiving the victim, received from the victim the alcohol and the communication note equivalent to KRW 200,000 from the victim and acquired it by deception.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against D;
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;