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(영문) 대구지방법원 서부지원 2017.09.18 2016고정1092
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 20, 2016, around 11:00 - around 19:00, the Defendant entered a D cafeteria operated by the Daegu-gu Seoul-gu B Victim C (F 54 years old) and acted as if he would pay the drinking value, and ordered food equivalent to KRW 13 C 56,00 for beer and beer 13 C Doc 13 Doc 56,000 for beer, and the victim believed it to be true and provided food ordered by the Defendant.

Accordingly, the defendant, although he did not have the intention or ability to pay the drinking value, has acted as if he would pay the drinking value, and has taken property benefits by deceiving the victim who believed it as true.

Summary of Evidence

1. Some of the protocol concerning the interrogation of the police officers against the accused;

1. Written statements of C and police statements of C;

1. Application of Acts and subordinate statutes on food receipt;

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;

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