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(영문) 대구지방법원 2018.10.11 2018고단1933
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On January 24, 2018, the Defendant issued an order for alcohol and alcohol equivalent to KRW 38,000 in total market price, such as 2 in the 'E' restaurant operated by the victim D in Daegu Suwon-gu, Daegu-gu, as if the Defendant would pay the amount to the victim. On January 24, 2018, the Defendant ordered an order for alcohol and alcohol equivalent to KRW 38,000 in total.

However, in fact, the defendant did not have money that can be paid, and there was no certain income or property, and even if he was provided from the injured, he did not have the ability to pay the money.

Nevertheless, the Defendant, as seen above, was informed of the total amount of 38,000 won of the market value by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. The sentence like the order shall be determined by comprehensively taking into account the following circumstances as to the sentencing reasons under Articles 70(1) and 69(2) of the Criminal Act, and other conditions of the sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

- During the suspended execution period due to larceny, etc., the victims wish to take the Defendant’s seat, as much as there is a possibility of criticism against the instant crime - the amount of damage is small and the amount of damage has been repaid.

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