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(영문) 광주지방법원 2018.08.24 2018고단2884

사기

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On July 1, 2018, the Defendant, at around 03:00, expressed the attitude that the victim would pay the alcohol value to the victim from the “E” point of “E” point of the victim’s Operation D in the Gwangju Metropolitan City Mine-gu, Gwangju Metropolitan City, and ordered the alcohol and alcohol.

However, the defendant did not have any intention or ability to pay the drinking value even if he was provided with the text of the order from the injured party due to no particular property or import.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received the victim with an amount equivalent to KRW 125,00,00 in total from the victim, such as beer and 18,000; and (b) obtained it from the victims, from that time until July 15, 2018, the Defendant acquired the victim with an amount equivalent to the sum of KRW 789,50,00 in the same manner through nine times in total from the members of the Gwangju Metropolitan City as shown in the List of Offenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Each statement of H, D, I, J, K, and L;

1. Each receipt; and

1. Application of Acts and subordinate statutes to report on investigation (to hear statements of victim D telephone conversations);

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

1. Selection of each selective fine for punishment (the period of suspension of execution is one of the crimes committed during the period of suspension of execution, which was faithfully protected and observed until the crime of this case was committed, which was agreed with all the victims except the sequence 9 in the annexed crime list, and which was committed against each other during the period of detention for a period of one month).

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;