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(영문) 의정부지방법원 2019.09.20 2018고단3752
사기
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 01:00 on June 14, 2018, the Defendant issued orders to both weeks, safe, and drink and used singing machines as if the Defendant could fully pay the drinking value at the main points of “D” operated by the victim C in the Government-Si B of Gyeonggi-do.

However, the defendant did not have cash at all, and he did not have an intention or ability to pay all the above payments due to lack of balance.

The Defendant had been provided from the victim with the market price of 450,000 won at the seat, and had been exempted from paying the above payment, thereby having acquired economic benefits equivalent to the same amount from the victim.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes governing price calculation statements;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order requires severe punishment even though the defendant had a majority of the previous charges. However, it is recognized that the defendant led to a confession of the crime of this case and reflects his mistake through his short-term confinement life, and that the defendant repaid the amount of damage and agreed with the victim. In addition, the defendant's age, character, character, environment, family relationship, motive for the crime, means and consequence of the crime, etc., considering all the sentencing factors indicated in the arguments of this case, such as the circumstances after the crime, etc., the punishment shall be determined as ordered.

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