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(영문) 서울북부지방법원 2013.09.02 2013고정1153
사기
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 04:00 on November 29, 2012, the Defendant ordered 13,000 won and 2 bottles in a D restaurant operated by the victim C in Seoul Special Metropolitan City, Nowon-gu, as if he had the intent or ability to pay the food cost.

However, in fact, the defendant did not have money and did not have any intention or ability to pay food.

Nevertheless, the defendant deceivings the victim as above, and acquired one sugar and two soldiers of spawn from the victim, namely, in the tin, by deceiving him/her.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. C victim statement;

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 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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