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(영문) 수원지방법원 성남지원 2018.07.18 2018고단417
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 14, 2018, the Defendant: (a) around 05:15, 2018, at a entertainment room 2 entertainment room operated by the victim D in Seongbuk-gu, Seongbuk-gu, Sungnam-si; (b) placed an order for both owners and owners, etc. to pay the price in a normal manner despite the absence of the intent or ability to pay the alcohol price; and (c) placed an order for both owners and owners, etc., of which the Defendant acquired a pecuniary benefit equivalent to KRW 230,00,000, including KRW 150,000, total amount of KRW 150,000 from the victim, even if the Defendant was paid the price, and thus, did not pay the price.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Application of statutes on site photographs;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the crime, the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act does not have significant damage to the grounds for sentencing of the Criminal Procedure Act; there is no agreement with the victim; confessions and reflects; there is no history of fine exceeding the fine; the records of the same crime are two times of fine; the defendant’s age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime; and the conditions of the sentencing indicated in the records, such as the circumstances after the crime, shall be comprehensively considered.

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