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(영문) 대구지방법원 2021.03.25 2020고단1623

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 16:10 on February 27, 2020, the Defendant acquired food and alcoholic beverages worth KRW 1,140,000 in total at the market price by the same six times from around the time to March 14, 202, including the acquisition of alcoholic beverages and alcoholic beverages equivalent to KRW 15,00 from the injured party, although the Defendant did not have the intent to pay the price normally, and the Defendant did not have the ability to pay the price normally.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Seizure records of each police statement with respect to E, F, G, and H, and evidence of seizure;

1. A transaction certificate, each receipt, and an invoice;

1. On-site photographs;

1. Each internal investigation report and the application of the Acts and subordinate statutes governing each investigation report;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act do not mean that the Defendant’s fault was less than that of a fine, and disadvantageous circumstances such as the fact that there were a number of criminal records, the fact that some victims submitted a written application for a penalty, etc., favorable circumstances such as the Defendant’s submission of a written application for a penalty, and the fact that the trial procedure is in progress by public notice due to uncertainty of the Defendant’s location, and other various sentencing conditions in the trial process of this case, including the Defendant’s age, sex, environment, means and consequence of the crime, etc.