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(영문) 창원지방법원 통영지원 2017.05.22 2017고정175

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 September 22, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud in the Changwon District Court’s territorial branch on September 22, 2016, and the said judgment became final and conclusive on September 30, 2016.

On April 28, 2016, the Defendant sent the same attitude to pay the drinking value to the victim C at the main point of the operation of the victim C located in the city of macro-si B on April 28, 2016, and ordered the victim to provide alcohol and alcohol.

However, the defendant did not have the intention or ability to pay the drinking value.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) in a manner that did not pay the drinking value equivalent to 500,000 won in total by being provided with one service fee for entertainment receptionist, room room, etc. from the victim, the Defendant acquired pecuniary benefits equivalent to the above amount by deceiving the victim; and (c) from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A receipt (a copy) of the drinking value and a letter by the defendant, respectively;

1. Previous convictions: A reply to inquiry, such as criminal history, and the application of a copy of the same criminal records;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;