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(영문) 인천지방법원 2019.07.19 2019고정1239
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On April 3, 2019, the Defendant, even though there was no intention or ability to pay the drinking value in D operated by Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, Seoul, by deceiving his employee, thereby acquiring financial benefits equivalent to KRW 19,000,00, such as Aju and Bju, as if he would pay it.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Receipts and photographs of damage;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

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

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 for the order of provisional payment [limited to the reasonable circumstances] show the attitude of the defendant to recognize and reflect the instant crime.

In this Court, the Defendant paid the above KRW 19,00 to the victim, thereby restoring the damage ex post facto.

[Unfavorable circumstances] The Defendant re-offendered the same crime despite the record of punishment.

In addition, in full view of the following conditions, such as the defendant's age and behavior environment, relation to the victim, motive means of crime, results of crime, circumstances after crime, etc., the sentence shall be determined as per Disposition.

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