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(영문) 서울북부지방법원 2020.04.09 2020고정236
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

At around 00:30 on December 8, 2019, the Defendant ordered the victim D to take measures of Switzerland 10,000, 150,000, 54,000, 9,000, 63,000, 1,000, 31,000, and 31,000,000, and 348,000,00,000,000,00 for drinking water, respectively.

However, the defendant did not have any intention or ability to pay the food cost because he did not have money.

Nevertheless, the Defendant received monetary benefits equivalent to the same amount because he did not pay the price after eating food ordered by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (a statement by a police officer visiting the police station);

1. Written statements prepared in D;

1. Application of the receipt statute

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In consideration of the fact that the defendant's reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects his mistake, the victim's damage is recovered, and the current economic situation is very difficult, a fine prescribed in the summary order will be reduced.

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