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(영문) 광주지방법원 2017.04.20 2017고정58
사기
Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

From November 22, 2016, the Defendant, from around 3:40 on November 2, 2016, issued an order of the amount equivalent to KRW 29,00,000, such as 2, 2, 3,000, and 1, 1,000, by deceiving the victim as if he did not have the ability to pay food values within the D cafeteria operated by the victim C, and would not pay food values.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to customer orders;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following factors: (a) the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, the background and result of the instant crime; and (b) the circumstances after the instant crime, etc., the sentence is determined as ordered.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

D. Unfavorable circumstances: The Defendant repeated the instant crime even though he had been punished several times due to the same kind of crime.

Until now, damage has not been repaid to the victim.

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