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(영문) 의정부지방법원 2017.09.28 2017고정270

사기

Text

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

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

Reasons

Punishment of the crime

1. On September 1, 2015, the criminal defendant against the victim B issued an order for alcohol, alcohol, etc. to the victim as if he/she would pay the following food value, alcohol, etc. in D’s operation of the victim B located in Guri-si, Guri-si.

However, there was no intention or ability to pay the food value, drinking value, etc. because the Defendant did not possess cash, card, etc. to pay the cost of alcoholic beverage, food, etc. as above.

The Defendant, as such, by deceiving the victim, received food, beverage, etc. equivalent to KRW 1,730,00 in total from the seat.

2. The Defendant’s fraud against the victim E would give priority to the victim E working at the date and time set forth in paragraph 1, and at the place of the said singing, the Defendant calculated the amount of KRW 50,000 in cash by combining it with a card.

The phrase “ makes a false statement.”

However, in fact, the defendant thought to flee without paying food value, etc., and did not possess a card to pay food value, etc. at the time, and did not have an intent or ability to change it even if he borrowed money from the injured party.

Nevertheless, the Defendant, as such, was accused of the victim and received KRW 50,000 from the seat.

Summary of Evidence

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

1. Written statements of damage, receipts, on-site photographs, investigation reports (specific suspect), and records of interrogation of suspects A who are prepared by police officers;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection 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. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act was examined, and each of the instant crimes is not less exceptionally against the nature of the crime in light of the content and method of the crime. The amount of damage inflicted on each of the instant crimes is relatively less.