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(영문) 서울중앙지방법원 2017.08.24 2016고단9444

사기

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On August 20, 2013, the Defendant: (a) visited the victim C in Gangnam-gu, Seoul, with the customer employees, and visited the victim to take advantage of the amount equivalent to KRW 3,960,00,00 and KRW 9,000,00,000,000 and KRW 3,960,000,000,000,000,000

However, the defendant was not in possession of cash or card which paid the drinking value, and there was no intention or ability to pay the price even if he was provided with services such as drinking and drinking loan due to the lack of income or property.

As such, the Defendant, by deceiving the victim, received a total of KRW 6.6 million from the victim, such as alcoholic beverages, such as alcohol and alone, bund, and water services, and acquired pecuniary benefits.

In addition, on August 31, 2013, the Defendant received a total of KRW 2.74 million by the same method as around August 31, 2013, KRW 3.120,000 in total, around August 23, 2013, and KRW 4.8 million in total, around August 26, 2013, and acquired a total of KRW 1,726,00 in property benefits.

Summary of Evidence

1. A protocol concerning the examination of the suspect of each police officer against the accused (including a cross-examination);

1. Statement made by the police with regard to C;

1. Complaint;

1. Application of an invoice statute;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking account of the fact that the amount of damage caused by the sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment has been reimbursed or not received from the injured party as much as the amount of damage caused by the reason for the sentencing of Article 334(1) of the Criminal Procedure Act, and that there was a record of being punished by a fine for the same kind of crime, various circumstances, including the Defendant’s age, sex, career, home environment, motive and means of the crime, and circumstances after