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(영문) 울산지방법원 2014.10.16 2014고정272
사기
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 17:40 on March 9, 2013, the Defendant ordered three-way sugars and one-way liquor as if the Defendant would pay the victim D food normally at the Ulsan-gu C restaurant located in Ulsan-gu B.

However, there was no intention or ability to pay the food value.

The Defendant, by deceiving the victim as such, was provided with a bath and a spawn-in disease in the same place, and was drinking it and then did not pay 13,000 won of the price.

2. On March 9, 2013, around 23:30 on March 23:3, 2013, the Defendant ordered 3 Mariju and 1 disease, and one Mariririju, as the Defendant would pay the victim G a normal drinking value at the Fju located in Ulsan-gu E.

However, there was no intention or ability to pay the drinking value.

The Defendant, as such, by deceiving the victim, received 3 times of beer and 1 disease of beer and 1 week of beer, and drinked it, and did not pay 31,000 won of the price, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Each statement of D and G;

1. Application of the receipt statute

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

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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