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(영문) 창원지방법원 마산지원 2017.05.31 2017고단404
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 6, 2017, around 19:55, the Defendant issued an order for food, beverage, etc. when he/she supplied food at a restaurant operated by the victim D in the Hanam-gun, Hanam-gun, as if he/she would pay the cost.

However, the defendant did not have any intention or ability to pay the price normally even if he was provided with food, alcoholic beverage, etc. after he had no way to pay the price such as cash or card.

The defendant acquired 10,00 won in the market price of 10,000 won in drinking water from the injured party.

2. On April 19, 2017, around 21:30, the Defendant issued an order for food, alcoholic beverage, etc. as if he would pay the amount if he would provide food at a restaurant operated by the injured party F operation in the Changwon-si Member E.

However, the defendant did not have any intention or ability to pay the price normally even if he was provided with food, alcoholic beverage, etc. after he had no way to pay the price such as cash or card.

The defendant received 29,500 won in the market price of 3 minutes, 1 bottled, and 1 bottled drinking water from the injured party who caused the death.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the F Statements;

1. Article 347 (1) of the Criminal Act, Article 347 of the same Act, and Article 347 of the same Act, and each fine for criminal facts

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, even though the Defendant had a large number of same criminal records, and has recently been punished by a fine, the Defendant committed the instant crime at the same time during the period of repeated crime. However, the amount of damage in this case is not large, and is under detention for a considerable period of time, and is against his/her wrongness, and is revealed in the instant case, such as the Defendant’s age and living environment.

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