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(영문) 서울중앙지방법원 2018.01.23 2017고정3357
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 25, 2017, around 00:25, the Defendant: (a) had no intent or ability to pay the amount of food; (b) had by deceiving the victim D (36 tax) as if he would pay the amount of food; and (c) had been provided the victim with alcohol and alcohol equivalent to KRW 280,000 in total, including 15 C, 15 C, 2 E, and Dominia service charges, etc., and 280,000,000.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 280,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the receipt statute

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

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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