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(영문) 광주지방법원 순천지원 2017.11.09 2017고단1490
사기
Text

Defendant shall be punished by a fine of KRW 500,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On May 15, 2017, the Defendant was committed as if he/she had no intent or ability to pay the price to the victim at the D cafeteria operated by the victim C on May 15, 2017, and even if he/she had been provided with 40,000 won of the market price from the injured party, he/she did not pay the price.

2. On July 16, 2017, the Defendant, at around 16:00 around July 16, 2017, did not pay the consideration, even though he/she had been provided by the injured party C with reforestation, alcoholic beverages, etc. equivalent to KRW 28,00 in the market price, in the same manner as Paragraph 1, at the same place as above, at around 16:00.

As a result, the defendant was informed of the victim two times in total and received each property.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes on copies of receipts;

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

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act is that the Defendant was able to have a power due to his in-houseless employment, and in particular, in 2017, the fact that the collection of the crime was many is disadvantageous to the Defendant.

However, the punishment shall be determined in consideration of the fact that the accused is working in a facility for the homeless and is trying to self-support, such as receiving vocational education, and the crimes are divided.

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