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(영문) 부산지방법원 2018.06.21 2017고정2103

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The defendant and C did not have any alternative property with a certain occupation, and they did not possess cash or credit cards or other means of payment during the process, so they did not have the ability to pay the price even if they are potable by ordering alcohol.

Nevertheless, on November 27, 2015, the Defendant and C made a request for alcohol and alcoholic beverages, etc. from the "F of the amusement shop operated by the victim E in Busan Jin-gu, Busan, as if they would pay the amount to the victim."

The defendant and C acquired property benefits equivalent to the same amount because they were provided by the injured party with the amount of KRW 2850,000 at the market price and received it from the injured party and did not pay it.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning the interrogation of each police suspect against the accused and C;

1. Statement protocol by the police for E;

1. A written complaint of E and G;

1. Application of Acts and subordinate statutes on account books and letters;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Since the application of the sentencing guidelines is selected, the sentencing guidelines are not applicable. 2. The sentencing guidelines are not applied to the case where: (a) although the accused who was sentenced to the sentencing confessions himself/herself to commit a crime and repents his/her mistake, the motive and circumstances of the crime; (b) the recovery of damage after the crime was committed; (c) the balance of sentencing with accomplices; and (d) the accused’s records of identical crimes