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(영문) 전주지방법원 군산지원 2020.05.27 2020고정87
사기
Text

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

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

Reasons

Punishment of the crime

At around 2:00 on July 22, 2019, the Defendant ordered the Victim C’s Operation “D” restaurant located in Silung-si B to pay the price normally, and ordered the Defendant to provide alcohol and alcohol equivalent to the total of 68,000 won at the market price.

However, the Defendant did not have any intention or ability to pay the full amount even if he was provided with alcohol, alcohol, etc. as above by the victim because of the lack of means of payment such as credit cards.

Nevertheless, the defendant deceivings the victim as above, and then acquired the victim with alcohol and algorition equivalent to the total market value of 68,000 won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of sales slip Acts and subordinate statutes;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order [a sentence identical to the amount claimed for a summary order shall be imposed in consideration of all the sentencing factors, such as the details and conditions of the crime, the age, character and conduct of the defendant, and criminal records

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