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(영문) 수원지방법원 2014.06.25 2014고단1969
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[2014 Highest 1969] Around 08:30 on March 28, 2014, the Defendant received the total amount of KRW 14,000,00 from the victim, who received an order for alcohol and food, although he did not have any intent or ability to pay the price even if he was provided with alcohol and food. However, the Defendant received the total amount of KRW 14,00,000 from the victim.

[2014 Highest 1988] On March 27, 2014, the Defendant ordered the Victim F in Young-gu E at the main point of “G” operated by the Victim F in Young-gu, Suwon-si, Suwon-si, to do so as to pay the price.

However, as the defendant did not possess the means of settlement such as cash at the time, there was no intention or ability to pay the amount.

The defendant received from the victim the above-mentioned alcohol and the alcohol equivalent to 17,000 won in total in the market price in the same place.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

[2014 Highest 1969]

1. Defendant's legal statement;

1. A H statement;

1. Interim account statement and photograph (2012 high group 1988);

1. Defendant's legal statement;

1. A written statement;

1. Application of Acts and subordinate statutes on food receipt;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts, the choice of fines;

1. From among concurrent crimes, even though the defendant had the same record as the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act several times, the crime of this case during the period of suspended execution is very poor.

However, the amount of damage is not significant, and the defendant pays damages to the victims and agrees that the victims are not punished by the defendant, taking into account the favorable circumstances.

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