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(영문) 서울동부지방법원 2016.03.25 2015고정1537
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

[2015 High 15. The Defendant entered a 'C' restaurant located in Songpa-gu Seoul from around 23:00 to around 00:20 on October 20, 2015 to around 00:20 on August 20, 2015, and acquired property benefits equivalent to the same amount by removing the price of food from 23,000 won after receiving it from the injured party, while there is no intention or ability to pay the food value to the damaged owner D.

[2015 High 1706] From around 14:30 on February 2, 2015 to 16:05 on the same day, the Defendant ordered the Defendant to enter the “G” restaurant operated by the Victim F in Songpa-gu Seoul, Songpa-gu, Seoul, and to pay for the amount of the amount of the compensation, as if he would pay the amount of the compensation.

The Defendant was provided with 6 bottles equivalent to the market price of 18,000 won from the injured party, and acquired financial benefits equivalent to the same amount by not paying the price.

Summary of Evidence

[2015 High Court Decision 1537]

1. Statement by the defendant in court;

1. Written statements of D;

1. Food receipt (2015 high class 1706);

1. Statement by the defendant in court;

1. A written statement;

1. Application of the receipt statute

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection 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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