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(영문) 수원지방법원 2014.09.19 2014고정2341
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. On September 19, 2013, at around 18:35, the Defendant, even though having no intent or ability to pay food, etc. even if he/she orders food, etc., the Defendant ordered food, etc. to the victim D, who is the above restaurant operator, as if he/she would pay the price, and received from the victim the order of food, etc., the Defendant received an amount equivalent to KRW 23,00,000, total market price of two persons and one disease of two persons and one disease of the small-scale, who are the above restaurant operator, from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. Around 01:30 on September 20, 2013, the Defendant issued a alcohol as if he would pay the price to the victim G, who is the principal restaurant, even if he/she did not have any intent or ability to pay the price, and was provided by the victim with the 17-year interest rate of 17-year interest rate of 343,00 won at the 17-year interest rate.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about D and G;

1. Application of each receipt statute;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice 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 (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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