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(영문) 광주지방법원 2016.05.03 2016고단770
사기
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On October 18, 2014, around 22:00, the Defendant: (a) viewed the victim’s “E” operated by the victim D (E) at L, as seen in the Defendant’s attitude to pay the victim’s food value; and (b) ordered Lin and beer.

However, the Defendant was unable to pay the amount even if he received food from the injured party due to the lack of money.

The Defendant was provided from the injured party with 11,000 won in the market price, i.e., 1 madin 1 madin and 2 madin 6,000 won in the market price.

Accordingly, the defendant was given property by deceiving the victim.

2. On March 15, 2016, the Defendant sent an attitude from “H” operated by the victim G in Naju-si F on March 17:3, 2016, as an employee, to pay the food value to “H”, and ordered the crynas and paths.

However, the Defendant was unable to pay the amount even if he received food from the injured party due to the lack of money.

The Defendant was provided by the injured party with 20,000 won in the market price, namely, 20,000 Won and 3,500 Won in the market price.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Written statements of I and D;

1. Application of Acts and subordinate statutes of invoices and orders;

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment, and selection of fines (the defendant's repeated crime of this case which occurred without being aware of even though he is a repeated crime period of the same kind of repeated crime) are subject to criticism. However, the crime under the same method of taking place does not have been sentenced to a fine, and the defendant is able to repent his mistake in depth through his life of detention for about 50 days, and the amount of damage is very insignificant to KRW 40,500 in total).

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