Defendant shall be punished by a fine of KRW 80,000.

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

Punishment of the crime

[2017 High Court Decision 1916]

1. On May 3, 2017, at around 21:30, the Defendant: (a) received an order from the injured party C (38 taxes) on the 1st underground floor in Gwanak-gu, Seoul Special Metropolitan City, to pay the price, and (b) acquired the pecuniary benefits in a manner that does not pay the amount equivalent to KRW 880,000, including KRW 440,000, and KRW 880,000, in total, from the injured party who received an order from the injured party (80,000,000, in the absence of the intent and ability to pay the price.

2. On May 5, 2017, the Defendant: (a) around 05:10, the amusement shop managed by the Victim F (32 tax) located in Gwanak-gu, Seoul Special Metropolitan City E (hereinafter “G”); (b) the Defendant, even if ordering the two owners and safe owners, was engaged as if he would make payment of the price in spite of the intent and ability to pay the price; and (c) he received an order from the injured party for a total amount of KRW 500,000,000, such as KRW 300,000, and then acquired property benefits by means of not paying the equivalent amount.

[2017, May 3, 2017, the Defendant: (a) around 00:00 on May 3, 2017, at “I point” located in H and 1st underground floor in Gwanak-gu, Seoul Special Metropolitan City, the Defendant ordered the victimJ to pay the normal price even if he/she did not have any occupation and has no intention or ability to pay the price; and (b) he/she received a total of KRW 300,000,000, including the amount of KRW 200,000,000 for each P and P and service fee, from the injured party; and (c) obtained a pecuniary benefit equivalent to the same amount by not paying the price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of C, F, and J;

1. Application of each receipt statute;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.