Defendant shall be punished by a fine of KRW 3,000,000.

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

Criminal facts

On December 20, 2017, the Defendant, at around 23:30, received the victim C’s singing room operated by Changwon-si Mapo-si B, and the Defendant, as if he did not have any intent or ability to pay the drinking value even after drinking, by deceiving the victim, and then by deceiving the victim from the victim with 20 Mapo-si equivalent to the total market value of 184,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of Acts and subordinate statutes governing alcoholic beverage value receipts;

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

1. Selection of an alternative fine for punishment;

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, i.e., the trial records, is 24 times except for the trial records, and among them, there is criticism that the defendant repeatedly committed an act without prison labor under the same veterinary law without edification in the circumstances where the criminal defendant was sentenced to imprisonment with prison labor and has been sentenced four times or more.

In addition, the sentence of imprisonment with prison labor of the same kind is not in line with the purpose of responding, regardless of the seriousness of the criminal justice, because it has already been sentenced to criminal punishment of the same kind of punishment and has also committed the same crime during the repeated crime period.

I think about it.

However, the amount of damage caused by the instant crime is not more than 184,000 won. In addition, during the investigation process, the Defendant paid the victim the above KRW 184,00 to the victim, and accordingly, submitted an agreement to the effect that “the victim shall not be punished for the Defendant.”

As can be seen, it is consistent with the purpose of the crime of fraud, which is provided for the protection of personal legal interests, whether it is a punishment corresponding to the Defendant’s responsibility to punish the Defendant again in the event that the victim was fully recovered from the damage caused by the instant crime and the victim was not punished.