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(영문) 수원지방법원 2017.07.06 2017고정1068
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Text

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

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

Reasons

Punishment of the crime

[2017 고 정 1068] 피고인은 2016. 11. 3. 01:10 경 수원시 팔달구 B에 있는 'C 식당' 내에서 종업원인 피해자 D( 여, 36세 )에게 술값을 지불할 의사나 능력이 없음에도 불구하고 짬뽕, 소주, 음료수 등 합계 10,500원 상당을 제공받아 그 대금을 지불치 않고 재산상 이익을 취득하였다.

[2017 High 1265] On November 30, 2016, the Defendant was taking aboard the F taxi in the operation of the victim E in the French-gu Incheon Metropolitan City (Seoul Metropolitan City) around November 30, 2016, and showed an attitude to pay the taxi fee normally, and was placed around the movie church located in the movie 50km-gu, Suwon-si, Suwon-si (Seoul Metropolitan City).

However, the Defendant did not have cash or credit cards at the time, so there was no intention or ability to pay the taxi fee normally from the beginning.

Nevertheless, even though the defendant deceivings the victim as above and had the victim move the above taxi to the vicinity of the police box in the 312 at the time of hand-on, the defendant did not pay 65,000 won and did not acquire property benefits equivalent to the above amount.

Summary of Evidence

[2017 High Court Decision 1068]

1. Statement by the defendant in court;

1. A written statement;

1. A report on investigation;

1. Receipts and photographs (2017 high-level 1265);

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes for reporting internal accidents;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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