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Reasons
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(영문) 의정부지방법원 고양지원 2016.01.14 2015고단3204
사기
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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

Criminal facts

On October 31, 2015, the Defendant: (a) issued an order of alcohol, alcohol, etc. to the victim as if he/she did not have any intent or ability to pay the alcohol value; and (b) obtained a delivery of an amount equivalent to 150,000 won in total from the victim, and acquired it by deception, as if he/she did not have any intent or ability to pay the alcohol value; and (c) obtained a delivery of alcohol, alcohol, etc. from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements and written statements of investigation process;

1. Application of Acts and subordinate statutes on receipts and business licenses;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is as follows: (a) there was a history of having been punished by a fine for the same kind of crime since 2014; (b) the instant crime was committed during the repeated crime period after the execution of imprisonment with prison labor for the same type of crime was completed; and (c) there was no agreement with the victim or from the victim that he did not receive a letter from the victim; and (d) there was a large amount of damage resulting from the instant crime.

In light of the fact that the sentence cannot be seen, if the sentence of imprisonment is inevitable, and the health condition, etc., it seems that the defendant would be somewhat harsh, in light of the fact that there is no past record of punishment exceeding the fine for the same kind of crime, the defendant's age, sex, environment, motive for the crime, means and consequence of the crime, etc., the defendant shall be selected and punished by a fine in order to give the defendant an opportunity for the last time after the crime, and the punishment shall be determined like the order.

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