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(영문) 광주지방법원 2017.04.20 2017고단297
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant did not have any intention or ability to pay the price even if he orders alcoholic beverages and liquors at the main point because of the lack of cash, credit card, etc. with him.

Nevertheless, the Defendant, on November 23, 2014, committed an act as if the victim C would normally pay the drinking value in the singing room operated by the victim C in Ulsan-gun, Ulsan-gun, and the victim would be able to ask the victim for alcohol, and the Defendant was provided with alcoholic beverages equivalent to KRW 60,00 in the place of the damage.

In addition, the Defendant, from November 23, 2014 to December 1, 2011 of the same year, received property worth KRW 2,30,000,000 by deceiving the victim four times in the same manner as indicated in the following table.

On November 23, 2014, 2014, the victim's damage caused by the method of committing the crime at a time, time, and place, and the victim's damage, and as if he/she would normally be paid as if he/she had no intention or ability to pay the Duding value located in Ulsan-gun B, Ulsan-gun, the summary of the evidence of acquiring the property equivalent to KRW 2,30,000 by deceptioning C by ordering the drinking as if he/she would normally be paid as if he/she had no intention or ability to pay the Duding value. On or around December 25, 2014, the aforementioned Duding " around December 5, 2014, the said Duding "(700,000 won)" is equivalent to the total amount of KRW 4,230,000,000,000,000,000,000 won.

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to C;

1. Relevant Article 347 of the Criminal Act and Article 347 (1) of the Criminal Act and the choice 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. 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 of the Provisional Payment Order has the history of being punished several times for fraud, and the responsibility for committing a crime during the period of repeated crime is unreasonable, confession and reflect, the amount of damage is not significant, the victim is reimbursed for the damage, and the victim does not want the punishment by agreement.

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