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(영문) 의정부지방법원 2013.10.25 2013고단2454
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 25, 2013, the Defendant ordered the victim to alcoholic beverages, etc., as if the Defendant were to pay the price to the victim Qua operated by the victim Q Q, who was in Q, in Singing City P.

However, the defendant did not have the intent or ability to pay the price even if he received liquor from the victim.

Nevertheless, the Defendant deceptioned the victim as above and obtained a total of KRW 120,000,00 from the victim, namely, 15 Macju and 1 Macju from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of Qua;

1. Receipts and business registration certificates;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act can be seen as the previous sentencing of Article 334(1) of the Provisional Payment Order. While the defendant should be punished by severe punishment for a crime during the repeated crime period, the defendant shall be punished by a fine in this case in consideration of the fact that he was sentenced to imprisonment on July 25, 2013 (current appeal) with prison labor on July 25, 2013 (current appeal) and the number of acquired amounts, etc.

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