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(영문) 수원지방법원 2014.12.18 2014고정2970
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is an unqualified person.

Even if the defendant takes food, he did not have the intention or ability to pay the price.

Nevertheless,

1. On July 10, 2014, around 16:15, at the “C” restaurant located in Suwon-si B, Suwon-si, as if an employee could have paid the food value to the victim D, he/she received orders for four persons, one disease in small liquor, one disease in drinking water, etc., and exempted the payment of the amount equivalent to 36,000 won, and acquired pecuniary benefits equivalent to the same amount.

2. Next, around 21:50 on the same day, the victim G who is an employee within the “F” located in Suwon-si, Suwon-si, where he/she ordered 1, 1, 6 diseases, 6 diseases, and 58,000 won of the price and exempted him/her from paying 58,00 won of the price, thereby acquiring pecuniary profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of Acts and subordinate statutes on a food price receipt;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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;

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