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(영문) 부산지방법원 2018.01.10 2017고단5201
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 12, 2017, the Defendant, around 21:40 on October 21, 2017, sent the same attitude that the Defendant would pay the price to the “D” restaurant operated by the victim C in Busan B, but ordered the food to the victim.

However, the defendant did not have the intention or ability to pay the price even if he was provided with food from the damaged person.

The Defendant was provided with food worth KRW 53,00,00 in total, from the market price, to the injured party.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a selective fine for punishment (the decision of a fine shall be made in consideration of the fact that the defendant seriously commits the crime of this case in light of the past record of the crime of the same kind, the past record of the execution of imprisonment, and the fact that the defendant commits the crime of this case since it has not been much long after the execution of the sentence, but the defendant commits the crime of this case, but the decision of a fine shall be made in consideration of the fact that the defendant commits the

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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