beta
(영문) 인천지방법원 2015.04.30 2015고정713

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On April 17, 2015, the Defendant was sentenced to one year of imprisonment with prison labor by the Incheon District Court for the obstruction of performance of official duties, etc., and the judgment became final and conclusive on April 25, 2015.

around 19:45 on September 19, 2014, the Defendant, “2015 Highly 713,” committed an act as if he would pay the normal drinking value in the Yeonsu-gu Incheon Metropolitan Government B and the “D' house of the operation of the victim C, which was under the ground, ordered the victim to provide alcohol, alcohol, etc.

However, the defendant did not have any intention or ability to pay the drinking value due to the absence of cash, etc. in his possession at the time.

The Defendant, as above, by deceiving the victim, received from the victim an alcoholic beverage and an alcoholic beverage equivalent to the market price of KRW 187,000 from the victim.

around 22:00 on August 28, 2014, the Defendant issued an order of 350ml,70ml, 70ml, in the 12-year City, the 12-year period during which the Defendant entered the 'G operated by the Victim F in the Nam-gu Incheon Metropolitan City, Nam-gu.

However, the defendant did not have any intention or ability to pay the price even if he drinks.

Accordingly, the defendant did not pay the amount of money equivalent to KRW 3.10,000 and did not pay the amount of money.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement;

1. Receipts, on-site photographs;

1. Previous convictions in judgment: Results of case search, and application of Acts and subordinate statutes of one copy of judgment;

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.