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(영문) 창원지방법원 2018.07.12 2018고정130
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

On October 15, 2017, the Defendant, at around 02:30 on October 15, 2017, received alcoholic beverages and services equivalent to KRW 160,00,00 from the injured party as if he had no intention or ability to pay the drinking value in the victim D (39 years of age) operated by the victim D (Esing 39 years of age).

Summary of Evidence

1. Legal statement of the witness D;

1. Each police statement made to D or F;

1. An investigation report (the determination of property for the amount of damage stated in a simplified receipt);

1. A criminal investigation report (Attachment of on-site photographs) (the defendant and his/her defense counsel shall pay the drinking value only up to 100,000 won at the time to the last account transfer;

Although an agreement was reached with the victim and the victim had the intent and ability to repay it, in full view of the situation at the time of the instant case, the relationship between the Defendant and the victim, the victim’s persuasive and alternative statement, and the details of the police officer’s statement at the site, etc., the Defendant may fully recognize the fact that he/she received liquor and service without the intent or ability to pay the drinking value as stated in the above criminal facts.

Application of Statutes

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 186 of the Criminal Procedure Act (357,800 won = Daily allowances and travel expenses paid to D basic attorney fees of 300,000 won for national ships, and KRW 57,800);

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