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(영문) 인천지방법원 2018.06.08 2018고정1174

사기

Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 2, 2018, the Defendant did not intend to pay the price even if he/she ordered the drinking, at the D main points in the operation of the Victim C (50) located in Namdong-gu Incheon Metropolitan City (50) on March 2, 2018.

Nevertheless, the Defendant ordered the victim to pay the normal price as if the victim would pay the price, and the Defendant received the amount equivalent to 5,000 won of the market price from the injured party, beer and beer, and did not pay the price but did not pay the price.

Summary of Evidence

1. C’s statement;

1. Investigation reports and investigation reports (the investigation of suspects and victims);

1. On-site photographs, receipts, cash photographs [the fact that there was KRW 118,00 won in the Australia money of the defendant at the time of the instant case is recognized, but the defendant was aware of the fact that he could not confirm the Australia money by the police officer's instruction, not only the victim but also the police officer dispatched to the police officer.

In light of the fact that a considerable period of time has not been paid until the date, the order was issued without the intention to pay the price.

[Judgment of the court below]

Application of 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. 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;