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(영문) 서울동부지방법원 2017.05.23 2016고정1596
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around 18:00 on November 12, 2015, the Defendant, “2016 High 1596,” did not have the ability to pay the food value within “C” food stores located in Gwangjin-gu Seoul Special Metropolitan City, thereby deceiving the victim D (hereinafter referred to as a restaurant), who is the principal restaurant, to pay the food value, thereby deceiving him/her as if he/she would be able to pay the food value, thereby taking advantage of a total of KRW 18,00 (6,000), including a total of KRW 18,00 (12,00) and a total of KRW 12,00 (12,00), thereby receiving profits from the food value.

around 18:40 on October 15, 2015, the Defendant ordered food, such as 201, from “G cafeteria” operated by the Victim F (V, South, and sixty-four years old) located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, that the Defendant would normally pay the price, and that the Defendant would like to pay the price.

However, the fact did not have the ability or intent to pay the price.

As such, the Defendant acquired economic benefits equivalent to the same amount as the Defendant did not pay 24,000 won after receiving food after deceiving the victim.

Summary of Evidence

"2016 High Doz. 1596"

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. "Receipt 2017 High 511";

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report on investigation (to hear statements from victim F Telephones);

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the selection of fines for the crime;

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. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the defendant was already subject to criminal punishment for the same kind of crime even though he/she was already subject to multiple times, and the victims did not recover from damage, shall be determined as ordered by taking into account the various conditions of sentencing specified in the argument of the instant case, such as the Defendant’s age, sexual behavior, and environment.

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