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(영문) 청주지방법원 2019.01.16 2018고단2226
사기
Text

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

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

Reasons

Punishment of the crime

【Criminal Power】 On July 11, 2018, the Defendant was sentenced to eight months of imprisonment for fraud in the Chungcheong District Court’s Chungcheong Branch, and the execution of the sentence was terminated at the Chungcheong House on September 26, 2018.

【Criminal Facts】

1. On October 4, 2018, the Defendant: (a) around 23:40 on October 4, 2018, at the Cheongju-si Civil Building C, and D main points operated by the victim B with the fourth floor, the Defendant: (b) ordered the victim to pay the purchase price, and (c) ordered the victim with the no intent or ability to pay the purchase price, even if he/she ordered the drinking and drinking, and deceiving the victim by placing an order for drinking and drinking, etc.; and (d) by deceiving the victim, the Defendant was provided with the victim’s 440,000 won window, 17,000,000 won at the market price.

2. On October 5, 2018, the Defendant: (a) around 01:30 on October 5, 2018, at G main points in which the Victim E works in the same Gu F, and (b) on fact, the Defendant orders the Victim as if the Victim would not have any intent or ability to pay the price even if he/she orders alcohol and alcohol; and (c) deceiving the Victim by ordering alcohol and alcohol to pay the price to the Victim; and (d) by deceiving the Victim, the Defendant was provided with the two services, 4.30,000 won of the market price, 4.330,000 won of the Plaintiff

Accordingly, the defendant, by deceiving the victims, received property from the victims, and acquired pecuniary benefits.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of B and E;

1. On-site photographs, etc.;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the fact that the period is being repeated), and application of Acts and subordinate statutes on the status of confinement by individual;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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. Circumstances unfavorable to the reasons for sentencing of Article 334(1) of the Criminal Procedure Act, which include the sentence.

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