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(영문) 의정부지방법원 2017.04.20 2017고단966

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

1. On October 22, 2016, the Defendant: (a) around 22, 2016, in D operated by the injured party C on the 23:00 Gongju-si, B, and 1st century; (b) was committed as if he were aware of the fact that he had no intent or ability to pay the amount of aware and alcohol; and (c) was provided as if he had been paid the amount of 30,000 won in total from the injured party by deceiving the injured party; and (d) did not pay the amount thereof.

Accordingly, the defendant, by deceiving the victim, obtained food and alcohol equivalent to the market price of 30,000 won.

2. On October 23, 2016, the Defendant: (a) around 04:00, in G cafeteria operated by the victim F of the victim F on E and 1 floor in the official city; (b) in fact, the Defendant did not have any intent or ability to pay the opportune and alcohol value; and (c) was paid as if the Defendant had no intent or ability to pay the opportune and alcohol value; and (d) was provided with the Maritime State and Duunju 2 C, a sum of KRW 16,000 from the victim’

Accordingly, the defendant, by deceiving the victim, obtained food and alcohol equivalent to the market price of 16,00 won.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statements of F and C;

1. D receipts and G cafeteria receipts;

112 Application of the 112 Reporting Case Handling List, on-site photographing statutes;

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. 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. The text is written in consideration of the following: (a) the Defendant could have been able to commit the same type of crime for the reason of sentencing under Articles 70(1) and 69(2) of the Criminal Act; (b) the Defendant appears to have committed a crime due to long-standing old-age and alcohol addiction; (c) the amount of damage is minor and the Defendant appears to have fully compensated the victims; and (d) the Defendant is currently admitted to a social welfare facility and is making efforts to return to society after undergoing training for the treatment of disease and the prevention of recurrence.