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(영문) 청주지방법원 2015.12.29 2015고정209
절도등
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. At around 07:30 on July 20, 2014, the Defendant ordered the victim’s alcohol as if he were to pay the price in spite of the absence of the intent or ability to pay the price in cash or any other alcoholic beverage even if he was provided with the “Dcafeteria” operated by Cheongju-si, a substantial amount of Cheongju-si, and then acquired it by deception after being provided the victim with the amount equivalent to 3,000 won at the market price of the “Silju” in the same place.

2. On July 20, 2014, at around 07:50 on July 20, 2014, the Defendant: (a) committed theft with one LG smartphone equivalent to KRW 600,00 in the market price owned by the victim C, the principal restaurant of which is the above restaurant, who works in the kitchen.

3. On July 20, 2014, at around 14:06, the Defendant issued an order for alcohol and meal to the victim as if he were to pay the price in spite of the absence of the intent or ability to pay the price even if he/she was provided with drinking and meal because of the lack of means of payment of cash or other alcohol, etc. on the part of Cheongju-si, Cheongju-si, the Defendant obtained from the victim a total sum of 20,500 won of the ancillary sheet (17,000 won) and 3,500 won of the ancillary sheet (3,500 won).

Summary of Evidence

Facts No. 1

1. Police suspect interrogation protocol of the accused;

1. The second fact in the written statement by the police against C;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. C's report on damage;

1. Records of seizure and the list of seizure;

1. Three facts in the judgment of the damaged photograph;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning F;

1. A report on damage to H;

1. Application of Acts and subordinate statutes on Gcafeteria receipts;

1. Article 347 (1) and Article 329 of the Criminal Act applicable to the relevant criminal facts;

1. Selection of each alternative fine for punishment;

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

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