Text
Defendant shall be punished by a fine of KRW 2,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
[2014 High Court Decision 2871] around October 4, 2014, the Defendant ordered food equivalent to KRW 10,000,00,00, such as sugars, small liquor, etc., as if the Defendant entered the “D” operated by the Victim C located in Dobong-gu Seoul Metropolitan Government, and paid the price, but the Defendant did not have any intent or ability to pay the price even if the Defendant was provided with the food by the victim.
As above, the Defendant deceptioned the victim and received food equivalent to KRW 10,000 at the market price from the victim, i.e., the victim.
[2014 Highly 2889] On August 9, 2014, the Defendant issued an order of “G” operated by the Victim F in Dobong-gu Seoul, Seoul, to combine with facts, and even if he did not have any intent or ability to pay the price, despite having no intention or ability to pay the price, the Defendant received an order of drinking, food, etc. from the victim who is not aware of the fact and received an amount equivalent to KRW 40,000,00 in total, such as 3 man-made items, 1 bottled alcoholic beverages, and 1 bottled alcoholic beverages.
Summary of Evidence
[2014 High Court Decision 2871]
1. Defendant's legal statement;
1. Statement to C by the police;
1. A copy of receipt (2014 high-scale 2889);
1. Defendant's legal statement;
1. The police statement concerning F;
1. Application of the receipt statute
1. Relevant Article 347 (1) of the Criminal Act concerning the facts of the crime committed once, the choice of punishment, and the selection of fines;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 70 (1) and 69 (2) of the Criminal Act to attract a workhouse;
1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;