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(영문) 창원지방법원 2018.08.22 2018고단1463
사기
Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

[criminal records] On April 27, 2018, the Defendant was sentenced to four months of imprisonment for fraud at the Daegu District Court, and the judgment became final and conclusive on May 5, 2018.

[Criminal facts] On May 19, 2017, the Defendant issued an order for alcoholic beverage and alcohol to the victims of the E-learning operated by the victims D in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seoul at around 01:00, while doing so as to pay the victims normally.

However, the defendant did not have any intention or ability to pay the price even if he was provided with alcohol, salutism, etc. from the injured party due to the lack of money in his possession.

As seen above, the Defendant was informed of the victim’s deception, and was provided with an alcoholic beverage of KRW 330,000 in total from the victim’s seat, as well as an entertainment and loan service.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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

1. Sentencing sentencing under Article 334 of the Criminal Procedure Act: The punishment of a fine of two million won: The cumulative records of punishment, etc.; the confession, the victim's not to punish him/her; the criminal records of concurrent crimes after Article 37 of the Criminal Act; the separate progress of the case (the first instance court of 2018 No. 1410: Imprisonment with prison labor for ten months);

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