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(영문) 광주지방법원 2018.07.17 2018고정501
사기
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Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On September 30, 2016, the Defendant was sentenced to imprisonment of one year and six months with labor for a violation of the Narcotics Control Act at the Jeju District Court on September 30, 2016, and the said judgment became final and conclusive on April 17, 2017. On June 1, 2017, the Jeju District Court sentenced the Defendant to one year of imprisonment with labor for the same crime, and the said judgment became final and conclusive on January 5, 2018.

1. On February 20, 2016, the Defendant ordered the Victim’s alcoholic beverages worth KRW 60,000 at the “D” restaurant operated by the Victim C at Jeju-si, accompanied by his/her driving at the “D” restaurant.

However, even if the defendant ordered food at the time, he did not have the intention or ability to pay the price.

The Defendant was provided with 300,000 won or more from the injured party and alcoholic beverages.

2. On February 25, 2016, the Defendant ordered the victim C to drink alcoholic beverages worth KRW 2 kg, 40,000 at a 2 kg, a liver, and a 40,000.

However, even if the defendant ordered food at the time, he did not have the intention or ability to pay the price.

The Defendant was provided with 250,000 won or more from the injured party and alcoholic beverages.

Accordingly, the defendant, by deceiving the victim, received the property from the victim and acquired the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Simplified receipts:

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime. Article 347 (Selection of Penalty)

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

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. Articles 70 and 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;

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