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(영문) 창원지방법원 2020.02.19 2019고단1133
사기
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On May 22, 2018, the Defendant: (a) around 04:20, around 04:20, issued an order to “D” entertainment tavern operated by a victim C (the 41 year of age) who was on the 2nd floor B of Changwon-si; (b) the fact was carried out as if he would pay the price despite the lack of the intent or ability to pay the price, and ordered the victim to provide alcoholic beverage and musical beverage; and (c) the Defendant received an order from the victim to provide the victim with the 440,000 won of the total market value at the 440,000,000 won of the market value and received property or acquired pecuniary profits.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A complaint;

1. Application of Acts and subordinate statutes governing virtual books and CCTV images;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order is that the Defendant was punished as a crime of fraud, and accordingly, committed the instant crime during the repeated crime period.

However, the Defendant recognized the instant crime and did not repeat the same mistake.

After committing the instant crime, the Defendant repaid the amount of damage to March 2019.

In addition, the defendant's age, character and conduct, family relations, the amount of fraud (40,00 won), the details and circumstances of the crime of this case, and the circumstances after the crime, etc. shall be determined as the same as the disposition.

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