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(영문) 창원지방법원 통영지원 2019.05.16 2018고단1408

사기

Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On September 27, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for habitual fraud at the Changwon District Court on September 27, 2018, and the judgment became final and conclusive on November 23, 2018.

【Criminal Facts】

On November 20, 2018, the Defendant: (a) around 04:00, at the Dnonobye shop operated by the Victim C, the Defendant called “200,000 won as 20,000 won is to drink” to the victim; and (b) was committed as if he would normally pay the drinking value.

However, in fact, there was approximately KRW 20,00 won in the passbook held by the defendant, the password of the passbook was forgotten, the resident registration certificate was lost, and there was no means of payment such as the e-mail card connected to the above passbook. Therefore, there was a situation in which payment of the drinking value was impossible, and there was no intention or ability to pay the drinking value, such as there was no cash.

Ultimately, the Defendant, by deceiving the victim as above, was provided with 10,000 won 30,000 won and 200,000 won and 300,000 won and did not pay 90,000 won and did not acquire property benefits equivalent to the same amount.

Summary of Evidence

1. C’s legal statement;

1. Statement of the prosecutor's protocol of interrogation of the defendant that "dacting alcohol without paying the drinking value" is stated as follows.

1. A detailed statement of charges;

1. Photographs related to the case;

1. Each report on investigation;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the relationship between latter and latter concurrent crimes);

1. Relevant Article 347 (1) of the Criminal Act and the choice of a fine for the crime;

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

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

1. The defendant has a large number of criminal records for sentencing under Article 334(1) of the Criminal Procedure Act, and the defendant committed the crime of this case during the period of repeated crime due to the same crime is disadvantageous to the defendant, but the crime of this case is committed.