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(영문) 서울남부지방법원 2014.04.08 2014고정339
사기
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 28, 2014, the Defendant was sentenced to imprisonment with prison labor for fraud and interference with business at the Seoul Southern District Court for nine months, and the same year.

2. 13. The decision became final and conclusive.

At around 02:50 on April 27, 2013, the Defendant had the same attitude to pay the amount of money within the 'D cafeteria' operated by the victim C in Seocheon-gun B, and ordered drinking and food equivalent to the sum of KRW 9,000 in total, including one land opening and one disease in small-scale.

However, the defendant did not have the intention or ability to pay the price because he did not have cash at all and did not have any other means of payment such as credit cards.

As above, the Defendant, by deceiving the victim and being provided with alcohol and food equivalent to the above amount from the victim, acquired pecuniary benefits equivalent to the same amount as the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared in C;

1. A food price receipt;

1. Previous convictions indicated in judgment: Application of criminal records, investigation reports (in case inquiry, assistance to case agreement, and copy of judgment);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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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