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(영문) 서울동부지방법원 2018.06.29 2018고정548
사기
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

The defendant did not have any intention or ability to pay the food value even if he/she orders food, because he/she has no certain income or property.

Nevertheless, around 00:30 on February 25, 2018, the Defendant found the victim C (V, 52 years old) in Songpa-gu Seoul as a customer from the “D” restaurant operated by Songpa-gu Seoul (S, 52 years old).

Along with the fact that food value would be paid, the victim received food equivalent to 19,000 won in total, such as small liquor 1 sick and kimchi.

Accordingly, the Defendant, by deceiving the victim, received property from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes such as arrest of flagrant offenders and investigation report (Evidence List 3);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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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