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(영문) 수원지방법원 성남지원 2019.08.13 2019고정574

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The defendant is the drum director, and the victim B is the employee of the victim C.

On November 29, 2018, the Defendant had the same attitude of paying food normally within the C shop located in Hanam-si D around 01:15 to 03:30, and ordered the victim to pay food normally.

However, the defendant did not have any intention or ability to pay the food value.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim one person or one disease in the bones of the bones, and did not pay a sum of 12,000 won in the market value, thereby acquiring property benefits.

Summary of Evidence

1. Defendant's legal statement;

1. B Written statements;

1. Invoice;

1. Application of statutes on site photographs;

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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, led to the confession of the instant crime, and the amount of damage is relatively small.

However, the defendant can be punished for the same crime of fraud even in the past. The defendant committed the crime of this case without being aware of during the repeated crime period, the damage is not recovered, and all of the sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and conduct, environment, family relationship, motive for the crime, circumstances after the crime, etc., shall be determined as ordered by taking into account the following factors.