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(영문) 대구지방법원 2021.02.05 2020고정1001
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

Defendant

A ( South, 29 years of age) visits to the customers of the CPC room operated by the victim B ( South, 46 years of age) on duty.

The defendant did not have any changed property with a certain occupation, and there was no intention or ability to pay the price even if he uses the PC and uses it as an order for food because he did not possess cash or means of payment, such as credit card, etc. under water.

Nevertheless, on July 15, 2019, from around 04:15 to 17:08 on the same day, it was done as if the victim would pay the amount of the compensation to the victim in CPC located in Gero-Maldong, and the PC was used at the seat No. 64, and the PC was placed in order for drinking and drinking water.

Accordingly, the Defendant was provided with food and service of 20,00 won including 12,500 won and 7,500 won for food, and did not pay the amount, thereby obtaining property benefits equivalent to the same amount.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of B’s on-site photographs and internal investigation reports Acts and subordinate statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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