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(영문) 서울중앙지방법원 2020.03.10 2019고단7058
사기
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On October 22, 2018, the Defendant, at the “D” entertainment drinking club operated by the victim C in Gangnam-gu Seoul Metropolitan Government, made a false statement to the victim as if he would normally pay the amount of alcoholic beverages and the cost of entertainment reception facility, and received alcoholic beverages equivalent to KRW 350,000 at the market price from the victim, and acquired pecuniary benefits equivalent to the amount of KRW 650,000,000 from the victim.

2. On October 24, 2018, the Defendant: (a) made a false statement at the “F entertainment tavern” operated by the said victim in Gangnam-gu, Seoul; (b) received alcohol equivalent to KRW 1,580,000 at the market price from the victim as he/she would normally pay for liquor price and expenses for entertainment reception; and (c) obtained pecuniary benefits equivalent to the amount of KRW 1230,000,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Recording records and receipts for writing writing of the accused;

1. Application of Acts and subordinate statutes of the investigative report (No. 6,9) (Evidence List No. 6 and 9);

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order repeats the Defendant’s crime of taking-off type. The Defendant, during the period of the suspension of the execution of the judgment on the same kind of crime, was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court on August 17, 2018 and was sentenced to two years of suspended execution at the Seoul Central District Court on August 25, 2018, and the judgment becomes final and conclusive on August 25, 201

The low-quality point is poor to the defendant, but it does not focus on the amount of the instant intangible type, and eventually, the victim does not want the punishment of the defendant at present by mutual consent with the victim before the sentencing date.

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