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(영문) 인천지방법원 2020.12.08 2020고정1231
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

Defendant is a person who works as a seafarer of a fishing vessel.

The Defendant, at around 00:00 on April 31, 2019, committed an act as if he did not have an intent or ability to pay the drinking value, etc. to the victim D in the “C” entertainment tavern located in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon, and did not pay the amount equivalent to KRW 1,00,000,00, such as the service from the female employees, even though he was provided by the victim for 30 illness, five and eight hours each week.

Accordingly, the defendant acquired financial benefits equivalent to one million won by deceiving the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on a receipt of alcoholic beverage price;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act, including the background and amount of the instant crime, the amount of damage, the fact that the Defendant stated to the effect that the investigative agency recognizes the crime, and the fact that there is no record of punishment for the same crime, etc., shall be determined as ordered by taking into account all the sentencing conditions of the Defendant’s age, character and conduct, and environment,

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