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(영문) 인천지방법원 2018.06.01 2018고정1159
사기
Text

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

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

Reasons

Punishment of the crime

Defendant, B, and C ordered food at a restaurant with the NAN line, thereby soliciting food free of charge by means of drinking flight and escape.

1. On February 4, 2018, the Defendant ordered food as if he did not have any effective means of payment within “F” located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, with B and C on February 4, 2018, even if the Defendant received food, but did not have any intent or ability to pay the price, and the Defendant placed an order for food as if he would normally settle the price. The Defendant received food and drink equivalent to KRW 102,00,000 in total, including six persons, namely, 6 persons, air boomed, 3 kimchis, kimb, drinks, beverages, and beer, and did not pay the price by means of food and drinking using any gap in surveillance of the victim.

2. On February 8, 2018, at around 15:00, the Defendant ordered food as if he had no effective means of payment within the “I” located within the Yeonsu-gu Incheon Metropolitan City H, Yeonsu-gu around February 15, 2018 with the victim G, and even if he was supplied food, the Defendant ordered food as if he had no intent or ability to pay the price but would normally settle the price, and then he received food as if he would normally pay the price, and then he received food equivalent to KRW 81,800,00 in total, including a small amount of 6,00,000 won, such as a fluor, fluorg, and air brued, from the victim, and did not pay the food price by a method of escape using a gap

Summary of Evidence

1. Some statements in the police interrogation protocol against the defendant, B, or C;

1. Each police statement made to D or G;

1. Each statement of D and G;

1. A report on internal investigation (on-site search and analysis of CCTV images, preparation of a statement), internal investigation report (verification of CCTV images for methods, etc.), CCTV-cape photographs (F);

1. Application of Acts and subordinate statutes, such as a report on internal investigation (on-site search and CCTV analysis), CCTV images-cape photographs (I);

1. Articles 347(1) and 347(1), 30, and 347 of the Criminal Act concerning the applicable criminal facts and the choice of punishment.

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