beta
(영문) 창원지방법원 마산지원 2020.02.14 2019고단1213

사기

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On September 2, 2019, around September 2, 2019, the Defendant issued an order of beer, etc. as if he were to pay the price in the absence of a normal means of payment, such as the money he/she owns or credit card, and then received the beer, etc. equivalent to KRW 100,000,000, market price from the victim.

2. On October 10, 2019, around October 22:25, 2019, the Defendant: (a) ordered beer, etc. as if he did not have a normal means of payment, such as money, credit card, etc. owned by the Defendant; and (b) ordered beer, etc. as if he did not have an intent to pay the amount; and (c) received beer, etc. at the market price of KRW 2.10,00,000 from the victim C.

3. On October 11, 2019, around 00:10 on October 11, 2019, the Defendant issued an order for beer, etc. and acquired the order by being provided with beer, etc. at the market price equivalent to KRW 120,00,00,00 from the victim E, which is located in Haan-gun, Haan-gun, Haan-gun, for the reason that the Defendant did not have a normal means of payment, such as money, credit cards, etc., and the Defendant did not have any means of payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A E-document;

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. The criminal committed during the period of repeated crime of the same kind for sentencing of Article 334(1) of the Criminal Procedure Act, the defendant has a large number of criminal records, on the other hand, has reached an agreement with the victims, on the other hand, received class 4 of disability due to cerebralopsis.