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(영문) 서울동부지방법원 2014.06.24 2014고정915
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

On May 5, 2013, at around 04:30, the Defendant acquired financial benefits equivalent to the same amount because it did not pay the amount of food to the victim D in the “C” restaurant located in Songpa-gu Seoul, Songpa-gu, Seoul, without any intention or ability to pay the amount of food, and it did not pay the amount to the victim.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Written statements of D;

1. Report on internal investigation (C business telephone statement);

1. Application of the receipt statute

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 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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