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(영문) 춘천지방법원 강릉지원 2018.07.27 2017고단1405
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The Defendant, on October 21, 2017, 2017, 1405, hereinafter “2017 Highest 1405, the Defendant, without the ability to pay the drinking value even if he or she does not have any effective means of settlement in the studio of the victim D (n, 44 years of age) operated in Gangseo-si, Gangnam-si, and even if he or she does not have any means of settlement in possession, he or she is aware of the order with the victim’s intent and ability to pay the paid value equivalent to KRW 250,000 of the market price as if he or she had the intent and ability to pay the paid value, he or she received the order with the victim’s 3 C and 160,000 won in total from the damaged amount of KRW 910,00,000.

Around November 16, 2017, the Defendant issued an order for alcoholic beverages and entertainment entertainment entertainment services, etc. to the victim G in Gangnam-gu Seoul, Seoul (the remaining, the age of 37) around 16, 2017, with the intention and ability to pay the price, despite the absence of any effective means of settlement in possession, as if he/she were to pay the price to the victim. The Defendant received an order for alcoholic beverages and entertainment entertainment entertainment services, etc. equivalent to KRW 360,000 of the price (15,000), which is equivalent to KRW 360,000,000 of the price (17, 17, 1,030,000, and the sum of the price (1,030,000,000).

Summary of Evidence

"2017 Highest 1405"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. An invoice "2017 Highest 1488";

1. Statement by the defendant in court;

1. Application of the G’s written Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The Defendant, on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, committed the instant crime even though he/she had been subject to punishment several times for the same type of crime, and on the other hand, did not fully compensate for the damage.

In addition, the sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, health condition, background leading to the crime, means and result, etc., shall be considered.

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