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(영문) 춘천지방법원 강릉지원 2017.03.29 2017고단194

사기

Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

At around 02:10 on February 16, 2017, the Defendant ordered Skyl Blue as if the Defendant would pay the amount of alcoholic beverages to the victim at an entertainment shop operated by C victim D.

However, the defendant did not have the intent or ability to pay the price even if he received alcoholic beverages from the injured party because he did not have cash and card to pay the liquor price.

The defendant deceivings the victim as above and received 250,000 won scarbru in the market price from the injured party and acquired the victim by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to D or E;

1. Each written statement of D and E;

1. 112 A list of reported cases;

1. Application of Acts and subordinate statutes to calculation statements;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is repeated without being able to commit a habitive principal offense for the reason of sentencing, and the necessity for strict punishment has also been observed, in light of the fact that the recidivism of this case during the period of probation, during the period of probation, was committed again, but the content of the crime of this case, the agreement with the victim, in particular, the birth of the defendant's wife and the defendant's detention, and the situation where there is no person to take care of the children among other family members than the defendant, the decision to take the last place of a fine at this time, and the defendant's punishment is determined as ordered.