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서울중앙지방법원 2014.05.28 2014고정2238
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

On April 4, 2014, the Defendant was sentenced to the punishment of larceny, fraud, and a crime of violating the Specialized Credit Financial Business Act in Sung-nam branch of Suwon District Court on eight months, and the said judgment became final and conclusive on April 12, 2014.

The Defendant, around 09:20 on September 16, 2013, at the “D” restaurant of the victim C’s operation in Jung-gu Seoul Metropolitan Government (Seoul) around 09:20 on September 16, 2013, the Defendant, even if having received food from the victim, had no intent or ability to pay the amount, and had the victim paid the amount, ordered the mistake to the victim, and had the victim received from the victim, i.e., the amount of KRW 7,000 from the seat,

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Previous convictions in judgment: Application of the defendant's legal statement and copy of judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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