Defendant shall be punished by a fine of KRW 100,000.

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

Punishment of the crime

On August 26, 2015, the Defendant was provided with alcohol and alcohol equivalent to KRW 42,00,00 in total from the damaged person, and acquired it through deception from the injured person. On August 26, 2015, the Defendant was provided with alcohol and alcohol equivalent to KRW 42,00,00.

Summary of Evidence

1. Legal statement of the witness D;

1. Application of the receipt statute

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel stated that the defendant will drink on the day when the crime of this case was committed.

At the time, there was no intention to commit fraud in the payment capacity of the accused.

The argument is asserted.

2. In light of the following circumstances, the Defendant, at the time of the instant crime, was aware of the following facts: (a) the Defendant displayed the 100,000 won check to the first day and went to the restaurant operated by the victim while going to drink; (b) the Defendant thereafter refused to pay money without any particular reason while showing the 100,000 won check to be demanded by the injured party to calculate the drinking value; and (c) the Defendant did not pay the drinking value to the injured party until now; and (d) the Defendant did not pay the drinking value to the injured party, it is recognized that the Defendant and the defense counsel acquired the drinking and drinking alcohol without any intention or ability to pay the drinking value. Accordingly, the above assertion is rejected.