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(영문) 대구지방법원 포항지원 2017.06.08 2016고단1528
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On September 29, 2016, the Defendant, at around 04:00 on September 29, 2016, provided alcohol, alcohol, etc. at the main point of “E” operated by the victim D in South-gu, Seoul, and the second floor, as if he were paid the price.

However, the Defendant did not have certain income or special assets at the time, and there was no cash or credit card to pay the price in the water, and thus there was no intention or ability to pay the price even if the Defendant was provided with alcohol, alcohol, etc.

The defendant deceivings the victim as above, and 85,000 won in total at the market price were provided by the victim, and the defendant acquired it by deceiving the victim from the victim.

On December 19, 2016, the Defendant, at around 23:00 on December 19, 2016, provided the victim with alcohol, alcohol, etc. to the victim from the main point of the trade name “H” operated by the victim G located in Nam-gu, Nam-gu, Seoul.

However, at the time, the Defendant did not have any intention or ability to pay the price even if he was provided with alcohol, alcoholic beverage, etc. because there was no cash or credit card to pay the price in the number of years without certain income or special property.

The Defendant received from the injured party, that is, the sum of the market value of KRW 45,00,00 from the market value, and received from the injured party five concurrently.

Accordingly, the defendant, by deceiving the victim, received the property from the victim and acquired the property.

Summary of Evidence

"2016 Highest 1528"

1. Statement by the defendant in court;

1. Written statements of D;

1. "Receipt 2017 Highest 199";

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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 is that the defendant repents his mistake, the victims do not want the punishment of the defendant.

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