beta
(영문) 수원지방법원 2020.10.14 2020고정486

사기

Text

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

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

Reasons

Punishment of the crime

On September 20, 2019, the Defendant: (a) around 11:30, at the “D” restaurant operated by the Victim C in Suwon-si B; and (b) at the “D” restaurant operated by the Defendant, the Defendant did not possess means of settlement, such as cash, and did so as to pay the amount to the victim notwithstanding the absence of the intent or ability to pay the drinking value; and (c) ordered the alcohol and the speech, and the Defendant received the order from the victim, 200 won of the total market price, and 47,00,000 won of the inserted money

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of C;

1. A letter of arrest of a flagrant offender;

1. Application of Acts and subordinate statutes on receipts which suspect food; and

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. In view of the fact that the defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed a second offense even though he had had a history of being punished by a majority of the crimes identical to the instant crime, the agreement with the victim or failed to recover the damage, and that the risk of re-offending by the defendant is considerable, the amount of fine specified in the summary order alone cannot be enough to achieve the purpose of punishment against the defendant.

Therefore, according to Article 457-2 of the Criminal Procedure Act, the amount of fine shall be increased and the punishment shall be determined as per the order.