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Defendant shall be punished by a fine of one million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
At around 00:30 on October 19, 2014, the Defendant ordered the victim C to pay the price in Ulsan Jung-gu operated by the victim C, Ulsan-gu, as if he would pay the price.
However, there was no intention or ability to pay the price due to the lack of money.
Nevertheless, the Defendant, by deceiving the victim as such, obtained money from the victim in a way that he did not pay the money even after he received food equivalent to the sum of KRW 36,00,00 from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. C’s 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 (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;