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(영문) 대구지방법원 2018.01.25 2017고단6321

사기

Text

Defendant shall be punished by a fine of KRW 3,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 30, 2017, the Defendant ordered the victim D’s “E” operated by the victim D in Jung-gu Daegu-gu, Daegu-gu, to provide the victim with alcohol and alcohol equivalent to KRW 21,000 in total from the victim’s damage.

However, the defendant did not have a valid means of payment, such as cash or credit card, so even if he received alcohol and alcohol, he did not have an intention or ability to pay it.

Nevertheless, the defendant deceivings the victim as above, and was issued to the injured party a total of KRW 21,00,000, including the 1st week, to whom the injured party knew.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of Acts and subordinate statutes to the order sheet;

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 reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which was committed by the Defendant on May 19, 2015, committed the instant crime again within the repeated period even after the execution of the instant punishment was completed on January 24, 2016 by the Daegu District Court, which was sentenced to ten months of imprisonment due to an indecent act by force, etc. on May 19, 2015, is disadvantageous to the Defendant.

Provided, That the punishment shall be determined as ordered by taking into account the favorable conditions of the defendant's confession, the amount of damage is 21,000 won, and all other conditions of sentencing, such as the age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.