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(영문) 인천지방법원 부천지원 2016.03.08 2015고단2448
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 2, 2015, the Defendant, at around 23:30 on September 2, 2015, the main point of the “E” operated by the victim D, who was in Bupyeong-gu, Seocheon-gu, Nowon-gu, Seoul, had the intent or ability to pay the price, and the Defendant, despite having the absence of the intent or ability to pay the price, appears to have the intention to pay the price to the victim, and was given a delivery of the sum of 120,000 won of the market price, such as alcohol

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Request for the price of alcoholic beverage;

1. Application of statutes on site photographs;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a fine shall be made by taking into consideration the fact that the defendant, who has been punished several times as a crime of fraud without prison labor, has a history of reflecting his/her mistake, the defendant has a mental disorder, the defendant has agreed with the victim, and the defendant is hospitalized to treat alcohol addiction at present;

1. Article 70(1) and Article 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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