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A defendant shall be punished by a fine of 600,000 won.
If the defendant does not pay the above fine, 50,000 won.
Reasons
Punishment of the crime
[2014 high-level 1599] On July 5, 2013, the Defendant: (a) around 10:00, at the D gas station in Scheon-si, operated by the Victim B; and (b) even if there was no cash or credit card, the Defendant did not have an intent or ability to pay the price; (c) and (d) was committed as if he would pay the price; and (d) the Defendant did not receive gasoline equivalent to KRW 62,00 from the victim and did not pay the price, thereby acquiring property benefits equivalent to the same amount.
[2014 high-level 1602] On June 3, 2013, the Defendant: (a) at the “H” station operated by the Victim G located in Seoul Special Metropolitan City, Nowon-gu, the Defendant: (b) by deceiving I, an employee of the victim, as if he did not have any intent or ability to pay the oil price; and (c) by deceiving I, as if he had no intention or ability to pay the oil price, thereby inducing I, who is an employee of the victim; and (d) caused I to be provided with gasoline equivalent to KRW 87,00,000 for the Ethler car operated by the Defendant; and (e) obtained economic benefits equivalent to the same amount without paying the price.
Summary of Evidence
[2014 High Court 159]
1. Police suspect interrogation protocol of the accused;
1. Statement of the police concerning B (2014 high-level 1602);
1. Police suspect interrogation protocol of the accused;
1. The police statement concerning G;
1. Application of photographic Acts and subordinate statutes, such as the current sales status and the closure of a scenario;
1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Articles 70 (1) 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;