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(영문) 대구지방법원 2019.07.23 2019고정539

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Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

피고인은 2018. 8. 31. 23:00경 대구 북구 B에 있는 피해자 운영 'C' 칵테일바에서 고소인에게 술과 안주를 지급하면 그 대금을 지급하겠다는 취지로 거짓말을 하였다.

However, there was no intention or ability to pay the price of alcoholic beverages.

As such, the Defendant, by deceiving the complainant, was provided with alcohol and communication equivalent to the market price of 3.60,000 won by the complainant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to the investigation report (the confirmation, etc. of the other party suspect A);

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. Considering the following circumstances in sentencing grounds under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine for the summary order already issued cannot sufficiently achieve the purpose of punishment against the defendant.

Therefore, on the basis of Article 457-2 of the Criminal Procedure Act, the fine shall be increased and the sentence shall be determined as ordered.

There are many criminal records for the defendant.