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(영문) 인천지방법원 2016.05.20 2016고정146

사기

Text

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

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

Reasons

Punishment of the crime

[Criminal history] The Defendant was sentenced to one year of imprisonment for fraud at the Incheon District Court on August 12, 2015, and the said judgment became final and conclusive on August 17, 2015.

[Criminal facts]

1. On August 13, 2014, around 23:30 on August 13, 2014, the Defendant issued an order for alcohol and alcohol with the victim’s drinking point operated by the victim C in Seo-gu Incheon, Seo-gu, Incheon.

However, the Defendant did not have any intention or ability to pay the drinking value because there was no money in fact.

As above, the Defendant: (a) by deceiving the victim; (b) provided the victim with the two-way share of KRW 590,000 at the market price of KRW 590,00 in the same place; and (c) did not pay the price to the victim; and (d) acquired financial benefits equivalent to the said amount.

2. On August 15, 2014, the Defendant: (a) around 20:0, at G main points operated by the Victim FF in Seo-gu, Incheon, Seo-gu, Incheon; (b) was committed as if he were to pay the drinking value to his employee H; and (c) was made as if he did not have any intent or ability to pay the drinking value; and (d) was provided from the injured party with 1 bottles, beverages, etc. equivalent to KRW 245,00 in the market price on the same place; and (b) did not pay the said amount, the Defendant acquired property benefits equivalent to the said amount

3. On August 17, 2014, the Defendant: (a) around 14:00, within the “K cafeteria” operated by the Victim J in Incheon, and (b) was committed as if the Defendant were to pay the drinking value in the absence of the intent or ability to pay it; and (c) the Defendant was to obtain pecuniary benefits equivalent to the amount of the said value as the Defendant did not pay the said amount by multiplying the damaged person by the market price of KRW 33,500 by the amount of the said KRW 33,500, and did not pay it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each statement of H and J;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (Attachment of judgment);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice of fines for the crime;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.