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(영문) 의정부지방법원 고양지원 2019.07.25 2017고단3806

사기

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 21, 2017, the Defendant issued an order for alcohol and alcohol as if the victim C would pay the victim a normal drinking value, etc. in the “D” operated by the victim C at Paju-si, Paju-si, 2017.

However, the fact did not have the intention or ability to pay the price even if the victim received the alcohol and the communication from the victim.

As above, the Defendant, by deceiving the victim as above, got 78,00 won in total, from the victim’s occupation and 2 inside a beer, etc., and took advantage of the benefit.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. Application of the damaged photograph and the Act and subordinate statutes of the unsettlement receipt;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is high enough to have the record of criminal punishment for a crime of fraud related to the misappropriation, and in particular, on March 29, 2016, the Defendant committed the same crime during the period of repeated offense after having been sentenced to eight months of imprisonment for a crime of fraud, etc. on August 11, 2016.

However, the fact that the defendant recognizes the crime of this case and is against the defendant, the fact that the victim did not want the punishment for the defendant in the course of the investigation, and the fact that the amount of fraud is minor as 78,000 won, etc. shall be considered as favorable to the defendant.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the following factors, such as the defendant's age, character and conduct, family relations, motive and circumstances after the crime, and various sentencing factors specified in the records and arguments of this case.