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(영문) 대구지방법원 2017.06.29 2017고단2593
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 7, 2017, the Defendant was sentenced to six months of imprisonment with prison labor for an injury at the Daegu District Court, and the said judgment became final and conclusive on May 24, 2017.

On March 26, 2017, around 01:50, the Defendant sent the same attitude to pay the victim E the alcohol value at the 'Dice club' in South-gu, Nam-gu, Nam-gu, at the port of North Korea on March 26, 2017, and ordered both 4 C and entertainment workers to provide entertainment services.

However, the defendant did not have the means of payment such as a credit card that can be paid in cash at the time, and thus did not have the intent or ability to pay the price even if he was provided with alcohol, alcohol, and entertainment services from the injured party.

The Defendant: (a) by deceiving the victim as above; (b) delivered the victim with an alcoholic beverage and a share equivalent to KRW 1,700,000 in total; and (c) provided entertainment services equivalent to KRW 240,000 in the market price; and (d) acquired pecuniary benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A copy of the order receipt, three on-site photographs, one copy of the business permit, and one copy of the suspect's wall photographs;

1. Each investigation report (related to cash and settlement cards held at the time of arrest of a suspect, hearing statements from victims E phone and reporting thereon);

1. Previous conviction in judgment: Application of a reply to inquiry, such as criminal history, each investigation report (report on confirmation of the past record of the same type of crime, reporting on confirmation of repeated crime, and reporting on the fact that a criminal suspect is pending in trial);

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. Although the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, despite the fact that the Defendant had been punished for a series of concurrent crimes, the Defendant repeated the instant crime within the repeated period, and the fact that the nature of the instant crime was poor due to the fact that both owners and entertainment reception service was received, is disadvantageous.

However, the defendant recognizes the crime of this case and reflects the mistake.

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