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(영문) 의정부지방법원 2018.05.02 2018고정141
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 March 11, 2016, the Defendant issued an order for alcoholic beverages as if they were paid even if they did not have any intent or ability to pay the price even if they received alcoholic beverages or services from the injured party, on the grounds that the facts in the “Esing place” operated by the injured party D at the time of the government of 2:00 do not have a certain amount of income, and that they did not have sufficient cash or cards at the time.

Nevertheless, the Defendant: (a) by deceiving the victim; and (b) received the alcohol and helper services equivalent to KRW 310,000,000 in total from the injured party; and (c) did not pay the same amount; and (d) acquired the same pecuniary benefits.

Summary of Evidence

1. The defendant's legal statement (the second public trial date);

1. Statement made by the police of D;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is against the Defendant’s starting committing the instant crime.

However, the defendant had a number of criminal records other than the same criminal records, and did not recover damage to the victim.

In addition, the punishment shall be determined as ordered in consideration of the age, character, environment, etc. of the defendant.

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