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(영문) 서울남부지방법원 2016.05.25 2016고단1506
사기
Text

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

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

Reasons

Punishment of the crime

On November 21, 2015, around 03:30 on November 21, 2015, the Defendant ordered alcohol by acting as if he would pay the price to the victim, within the “E” entertainment center operated by the victim D, located in the first floor of Gangseo-gu Seoul Metropolitan Government C underground.

However, the defendant did not have the intent or ability to pay the price even if he was provided with alcohol and helper services from the injured party because there was no means of payment such as cash and credit card.

In other words, the Defendant was provided with the helper service equivalent to 180,000 won at the market price of two weeks in the face of 3.80,000 won.

Accordingly, the defendant, by deceiving the victim, received property equivalent to KRW 3.80,000 and acquired property benefits equivalent to KRW 1.80,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements prepared in D;

1. Application of the receipt statute

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is favorable to the fact that the defendant committed the instant crime even though he/she had been punished several times due to the same kind of crime in the past, and the fact that he/she committed the instant crime is erroneous or erroneous, the degree of damage caused by fraud is relatively minor, the degree of damage is relatively minor, the agreement with the victim, and there is no record of punishment exceeding the fine due to the same kind of crime.

In addition, in full view of the motive and circumstances of the crime, circumstances after the crime, age of the defendant, sexual conduct, environment, health status, family relationship, etc., and various conditions of sentencing as stated in the records and arguments in this case, the sentence of the same punishment as the disposition shall be imposed.

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