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(영문) 인천지방법원 2016.04.21 2015고정3822
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 30, 2015, around 02:45, the Defendant was engaged in as if he would pay the ordered food value to the victim E (V, 58 years of age) who is the owner of the business at D main points located on the first floor of the Namdong-gu Incheon Metropolitan City C underground, and the Defendant was provided with alcohol and alcohol equivalent to the sum of 6,000 won, including 5 C and 1 fry, from the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Application of Acts and subordinate statutes to a report on investigation (the relative investigation, etc. of a victim);

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

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

1. Although the Defendant had been punished several times for the same type of crime under Article 334(1) of the Criminal Procedure Act, the fact that the Defendant again committed the instant crime is the circumstances of sentencing unfavorable to the Defendant.

However, in light of the fact that the defendant recognized the crime of this case, the defendant paid the amount to the victim, the fact that the defendant agreed with the victim, and other conditions of sentencing such as the defendant's age, sex behavior, environment, motive for the crime, and circumstances after the crime of this case, the punishment as ordered shall be determined.

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