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(영문) 춘천지방법원 원주지원 2016.09.20 2016고정266
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

The defendant did not possess cash or a credit card or any other means of payment during the number of persons engaged in a tree, and thus did not have the ability to pay the price even if he/she received an order for drinking.

Nevertheless, the Defendant:

A. On June 9, 2016, around Won-si, around 20:30, the victim C (60 taxes, South) and the victim C (60 taxes, South) made an order for alcohol and food by doing so as to pay C the alcohol value.

The Defendant received monetary benefits equivalent to the same amount as the Defendant did not pay the amount, even though he received an order from the injured party for an alcoholic beverage amounting to KRW 300,000 in total.

B. On December 21, 2016, around 21:30, Won-si, E, 2nd floor victims F (43 tax , south) this, G amusement shop 3, and F was ordered to provide alcohol and food as if he would pay the alcohol value.

The Defendant received monetary benefits equivalent to the amount of 500,000 won from the injured party because he did not pay the amount even after he received an order from the injured party for an alcoholic beverage of 500,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A written statement of I;

1. The arrest report of each case;

1. On-site photographs of each case;

1. Application of Acts and subordinate statutes on receipt of each alcoholic beverage value;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the fact that the victim F with the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) has paid and agreed the ex officio value to the victim F.

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