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(영문) 인천지방법원 2015.08.26 2015고단3962
사기
Text

Defendant shall be punished by a fine of 6 million won.

When the defendant does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

On June 28, 2015, at around 02:29, the Defendant drinked “F (F)” operated by the victim E in Nam-gu Incheon Metropolitan City, as the Defendant would pay the drinking value, at around 5 Mariju, 5 Mariju, 1 Malina, and Malina.

However, the defendant did not have the intent or ability to pay the price even if he was provided with such an alcoholic beverage and the alcoholic beverage.

The Defendant, as above, by deceiving the victim, was provided with alcohol and alcohol equivalent to KRW 80,00,00 at the market price owned by the victim from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of E’s written statements and receipt statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria shall not be applied as a fine is selected for the crime in the judgment.

2. The amount of the instant damage is a small amount, the Defendant fully repaid the amount of damage, and the victim did not want to punish the Defendant, and the Defendant recognized the crime and selected a fine by taking into account the fact that the Defendant had half the time during the period of detention for two months.

In determining the amount of fine, the defendant can have the same force, and in particular, the defendant committed a second offense without being aware of the fact that he/she committed a second offense while being under suspension of execution due to the crime of a second offense.

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