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(영문) 인천지방법원 부천지원 2017.06.23 2017고정559
사기
Text

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

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

Reasons

Punishment of the crime

Defendant

A around 04:25 on January 6, 2016, as if he/she did not have the intention or ability to pay the drinking value within the second floor C of the building B in Bupyeong-si, B, 2016, he/she belongs to the victim D (35 tax, female) as if he/she would pay the drinking value, and he/she did not pay the drinking value after completion of the order of 8 C in the amount equivalent to KRW 290,000 in the market value of both weeks and 1 C and 8 C, the market value of which is equivalent to KRW 87,00 in the market value.

Accordingly, the defendant acquired property benefits equivalent to 378,000 won in the drinking value belonging to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A certificate of business report and a simplified receipt;

1. Application of statutes on field photographs;

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 (hereinafter “Criminal Procedure Act”) is considerably high that has been punished for the same kind of crime for the reason of sentencing, the fact that the sentence is not agreed, and other various sentencing conditions such as the details and means of the crime, the amount of damage, etc. shall be determined as ordered.

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