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(영문) 인천지방법원 2017.05.01 2017고단1063
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 17, 2017, around 03:05, the Defendant: (a) executed as if the victim E would normally pay the amount to the victim; (b) ordered the alcohol and the alcohol as if the victim would normally pay the amount to the victim; (c) however, there was no intention or ability to pay the amount even if the Defendant received the alcohol and the alcohol due to the lack of money at the time.

The defendant deceivings the victim as above, and was provided with an amount equivalent to KRW 125,00 per week and alcoholic beverages from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the receipt statute

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

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

1. Circumstances unfavorable to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment: One case for the crime prosecuted, and one for the cumulative circumstances favorable to the same criminal records, and not for the amount of damage.

The full amount of damage was compensated.

When the victim comes to the date of a declaration, he/she shall seek the wife together with the non-exclusive source of punishment.

The defendant has a new place of work and seems to have a late light of the pitma.

However, if the defendant loses the possibility of improving his/her personality and behavior to the extent that he/she can only accept imprisonment as the sole choice, or if the awareness and awareness of the crime are considerably lacking, it is not required to determine that the defendant will be punished.

The defendant shall be punished by a fine by giving an opportunity to return from the framework of society to a sound citizen.

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