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(영문) 서울중앙지방법원 2015.11.18 2014고정3793
사기
Text

Defendant shall be punished by a fine of 200,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 28, 2014, around 23:10 on April 28, 2014, the Defendant ordered 3:0 of 3:0,000 to 3:00 Scam and 4:0,000 in the popular restaurant of “E” operated by the victim D in Gangnam-gu Seoul

However, the defendant did not have any intention or ability to pay the above amounts even if he did not have cash 40,000 won at the time, and does not have a credit card, etc. to pay the amount for food, as above, because he did not have any other credit card, etc.

Nevertheless, the Defendant, as if he were to pay it, did not pay the amount equivalent to 126,00 won in total, including four persons (4,000 won), three persons (30,000 won), two persons (2), four weeks (16,000 won), four persons (16,00 won), four persons (16,000 won), and four persons (16,000 won), who ordered food and alcohol, and thereby acquired financial benefits equivalent to that amount.

Summary of Evidence

1. Protocol of examination of the witness of this court as to D (date of public trial, date of four-time evidence examination);

1. Written statements prepared in D;

1. Invoice;

1. Application of Acts and subordinate statutes to an investigation report (including absence of a suspect);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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