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(영문) 대구지방법원 2016.07.14 2016고단1392
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

around 12:11 on March 3, 2016, the Defendant ordered food of KRW 17,500,000, total of KRW 17,500, and KRW 17,500, and KRW 1,500,00, in the market price, the Defendant, despite having no intention or ability to pay meals, issued orders to pay food to the victim as if he would have paid food for the Defendant. In addition, the Defendant ordered food of KRW 3,50,00, KRW 17,50,000, the market price of KRW 3,500, the market price of KRW 3,500, and the Defendant acquired it from the victim.

"2016 Highest 2522"

1. On November 8, 2015, at the “H” restaurant operated by the victim G in Daegu-gu, Seogu, Daegu-gu, the Defendant: (a) ordered the victim to pay the meal cost normally; (b) did not have credit cards or cash, which are means of payment, even though the Defendant ordered to do so.

Nevertheless, the defendant deceivings the victim as above and acquired the alcohol and food equivalent to 14,000 won at the market price from the victim, namely, from the victim.

2. On February 12, 2016, the Defendant issued an order of satisfaction and beer as if he/she did not have any intent or ability to pay the price even if he/she received drinking and food from the injured party even if he/she was provided with drinking and food from the injured party, and the Defendant was provided with satisfaction and beer equivalent to KRW 37,000 from the injured party and acquired it by deception.

Summary of Evidence

"2016 Highest 1392"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. "Receipt 2016 Highest 2522";

1. Statement by the defendant in court;

1. Each police statement made to G and J;

1. Receipts:

1. Application of an invoice statute;

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. The reasons for sentencing in Articles 70(1) and 69(2) of the Criminal Act, which are the same as the defendant several times.

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