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(영문) 인천지방법원 2019.01.18 2018고정2822
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 22, 2018, the defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny, etc. at the Incheon District Court on October 2, 2018, and the judgment became final and conclusive on June 30, 2018.

1. On June 24, 2018, at around 00:50 on June 24, 2018, the Defendant deceptioned the victim D, a business owner, as if he/she did not have any intent or ability to pay the price but would normally pay the price, and acquired it by being provided with alcohol of an amount equivalent to KRW 21,000 and the share of it.

2. On June 26, 2018, the Defendant, at around 13:00 on June 26, 2018, by deceiving the victim G, who is a business owner, from the Nam-gu Incheon Metropolitan City E-gu, as if he did not have any intent or ability to pay the price but would normally pay the price, and by deceiving the victim G by being provided with an alcoholic beverage equivalent to the amount of KRW 24,000 and to take

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and G;

1. Invoice, on-site photographs, and on-site photographs and receipts;

1. Previous convictions of Supreme Court: Application of the Act and subordinate statutes to search cases and investigation reports (Attachment of previous convictions and court rulings);

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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