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(영문) 광주지방법원 2016.05.19 2015고단4508

사기

Text

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

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

Reasons

Punishment of the crime

On October 30, 2015, the Defendant, around 02:00, committed as if he would pay the drinking value in E operated by the victim D in Seo-gu, Seo-gu, Gwangju, and demanded the victim to pay 2 Byung-ri and 1 Domina (20,000 won service charges) equivalent to 50,000 won at the market price.

However, the defendant did not have the intention or ability to pay the drinking value, etc. to the victim.

The Defendant was provided by the injured party with the 520,000 won market price and the 520,000 won.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to the market price of 520,000 won.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second pleading);

1. Written statements of D;

1. Application of statutes concerning calculation statements;

1. Relevant legal provisions concerning criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, and selection of fines (it should be criticized that the defendant repeatedly committed the instant crime even though he/she had multiple criminal records of the same kind of fine. However, since November 1, 2015, the defendant was hospitalized in a department of mental health due to symptoms of dependence on alcohol use, etc. from November 1, 2015 to June, and is promoting improvement of character and conduct through this, and the defendant is breaking his/her mistake, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;