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(영문) 서울중앙지방법원 2013.12.19 2013고정2911
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On December 19, 2012, the Defendant: (a) around 12:50 on December 19, 2012, 2011, issued an order for food of 15,000 won (i.e., capital reduction, net straw, booming, and so on) and acquired property profits by not paying the price, without any intent or ability to pay the food value within the “D” restaurant operated by the Victim C in Seocho-gu Seoul Metropolitan Government.

2. On January 24, 2013, the Defendant: (a) around 06:10 on January 24, 2013, the Defendant ordered food and alcohol to the victim as if he did not have an intent or ability to pay the price in the “G” restaurant for the victim F operation on the first floor of Seocho-gu Seoul, Seocho-gu, Seoul; and (b) then, he received from the victim the victim a food and alcoholic beverage with 18,00 won (18,00 won (18,000 won) per the market price.

3. On December 17, 2012, the Defendant, “2013 High 3893, the Defendant, even though there was no intent or ability to pay a reasonable fare at around 20:00 on December 17, 2012, the Defendant was seated in the Busan High KSX train No. 176 of the Busan High Track that was operated by the Korea Railroad Corporation.

The Defendant: (a) the train crew H demanded the verification of boarding tickets during the duties of the boarding tickets inspection table, and (b) the Defendant refused to collect the fare on the following grounds: (c) the train crew H transferred the boarding tickets to I and demanded the payment of the fare; and (d) when he demanded the payment of the fare, he shall not pay the fare due to the lack of money.

As such, the Defendant got away from a train and acquired pecuniary benefits of 74,600 won from the Korea Railroad Corporation.

Summary of Evidence

1. Each protocol of suspect examination of the accused by the police;

1. C’s statement;

1. Application of each Act and subordinate statute to the police statement to F and I;

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 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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