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(영문) 제주지방법원 2019.07.05 2019고정140
사기
Text

Defendant shall be punished by a fine not exceeding seven hundred thousand won.

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

Reasons

Punishment of the crime

[criminal record] On April 6, 2018, the Defendant was sentenced to one year from the Jeju District Court to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and the Act on the Aggravated Punishment, etc. of Fraud, which became final and conclusive on June 28,

[Criminal Facts] Around 03:00 on February 14, 2018, the Defendant: (a) committed an act as if he would pay the drinking value in the “D” entertainment tavern operated by the Victim C (A, who is aged 53) in Jeju City; and (b) ordered two diseases in the two weeks; (c) however, there was no intention or ability to pay the drinking value because there was no money in water.

As above, the Defendant deceptioned the victim, and obtained a total of 420,000 won of alcoholic beverages, etc. from the victim, including the two diseases in the two weeks.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement made by the police officer C on the statement; and

1. Entry in a petition filed by C;

1. Entry of the receipt; and

1. Previous records: Application of Acts and subordinate statutes to a report (including attached documents) on investigation prepared by a prosecutor (a confirmation of the suspect's results of trial) by the prosecutor;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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

1. 【The grounds for sentencing of Article 334(1) of the Criminal Procedure Act 【The scope of applicable sentences under the law】 A fine of KRW 50,000,000,000 for a fine of KRW 700,000 for a fine of KRW 700,000,000 for a fine of KRW 70,000 for a criminal defendant. Thus, considering the fact that the instant crime committed prior to the first head’s criminal record as indicated in the judgment, the amount of

It is so decided as per Disposition for the above reasons.

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