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(영문) 창원지방법원 통영지원 2015.06.04 2015고단348
사기
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On February 28, 2015, the Defendant: (a) around 21:00, at the D main points located in macro-si C, engaged in as if the victim E were to pay the amount; and (b) ordered alcohol and alcohol.

However, in fact, the defendant did not have the intention or ability to pay the drinking value because of the absence of money at the time, and did not receive the drinking value from the victim, and did not pay the drinking value and did not pay it.

2. Around 02:00 on March 1, 2015, the Defendant issued an order for alcohol and alcohol as if the Defendant were to pay the amount at the H main points operated by the Victim G, which is located in the C, G, and ordered the payment.

However, in fact, the defendant showed his attitude that he would pay the drinking value even though he did not have the intention or ability to pay the drinking value, and he did not pay the drinking value after being provided with 2.10,000 won or less of the market price from the victim, and did not pay it, thereby acquiring property benefits equivalent to the above amount.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. Application of simple receipts, invoices, and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Although there has been a history of punishment several times for the same kind of crime with the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the crime of this case is committed at the same time, not less than imprisonment without prison labor or heavier punishment, and the amount of damage is not significant. The victims do not want the punishment of the defendant, the victims do not want to repeat the crime in the future, and the victims do not want to repeat the crime in the future, and the defendant is finally accused only once by taking into account all the circumstances such as the defendant's age, character and behavior, environment, and circumstances after the crime.

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