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(영문) 인천지방법원 2016.07.07 2016고단2597

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

On April 23, 2016, the Defendant, at around 01:00, committed as if the Defendant would normally pay the amount at a main station operated by the victim D in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and ordered E to order E to “Kas” 5 C.

However, the defendant did not have any intent or ability to pay the price even if he was provided with beer by E due to the lack of money.

Nevertheless, the Defendant, as seen above, by deceiving E, was provided 5,00 won in total at the market price of E in the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant committed a second offense during the period of suspension of execution due to the same kind of crime, but it appears that the defendant recognized his or her mistake and repents it, that the amount of damage is a small amount, that the victim agreed with the victim, that both polar dynamic disorder and alcohol are suffering from the pain of alcohol, etc. shall be considered as favorable circumstances, and the punishment shall be determined as ordered by taking into account all the conditions for sentencing specified in the records and changes.