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(영문) 대구지방법원 포항지원 2014.01.17 2013고정646
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 14, 2013, the Defendant was sentenced to 10 months of imprisonment with prison labor for larceny, etc. in the Daegu District Court's Pohang Port branch on November 14, 2013 and the judgment became final and conclusive on December 4, 2013

At around 16:00 on May 26, 2013, the Defendant ordered the victim D to bear 1 glusium and 1 glusium at the restaurant located in Nam-gu B in Nam-gu, Nam-gu.

However, the defendant did not have the intention or ability to pay the price even if he was supplied food with no means to pay the price by credit card, as well as cash.

The Defendant, by deceiving the victim as above, received food equivalent to KRW 11,00 from the victim, and did not pay the price, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Previous records: Application of inquiry reports and additional data on criminal records, etc. (Form 1 of Decision 2013 High Court Decision 6891);

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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