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Defendant shall be punished by a fine of KRW 7,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On September 22, 2017, at around 00:41, the Defendant: (a) committed an act as if the Defendant would pay the price at an OO-O music shop operated by the victim D, who is in the Chang-si Mapo-si, Changwon-si, and (b) provided the victim with alcoholic beverages, alcoholic beverages, and food equivalent to KRW 450,00 in the market price.
However, there is no intention or ability to pay the price even if the defendant was provided with alcohol, food, etc. from the injured party due to the lack of money.
Accordingly, the defendant acquired property benefits by deceiving the victim and receiving property benefits.
Summary of Evidence
1. Statement by the defendant in court;
1. Application of Acts and subordinate statutes on police statements made to D;
1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.
On August 11, 2015, the Defendant was sentenced to eight months of imprisonment due to a crime of fraud, etc. in the Changwon District Court Msan Branch branch on August 11, 2015 and was released on July 29, 2016 during the execution of the sentence in the Changwon Prison branch.
8. 13. Special amnesty is exempted, and repeated crimes are being committed during the period of repeated crimes, and even if the person was punished by a fine for the same crime committed during the period of repeated crimes, the crime of this case was committed.
In addition, there are many people who have been punished for the same crime.
The favorable circumstances: The crime of this case is against the law.
A victim does not want to be punished by the defendant by paying damages to the victim.
To refrain from reoffending after receiving treatment for proof of alcoholic content;
There are many things.