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(영문) 수원지방법원 2020.03.04 2019고단6723
사기
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, while having no ability to pay the cost of alcoholic beverages and the cost of alcoholic beverages and the fee for service with B, took the entertainment drinking for entertainment drinking workers as drinking in the entertainment drinking house.

At around 21:00 on October 20, 2019, the Defendant, along with B, issued the “E” main points operated by the Victim D in Suwon-si, Suwon-si, and took the same attitude that the Defendant would receive alcoholic beverages and he would pay the price by using the service of providing entertainment receptioners, and ordered the victim to do so one week of an amount equivalent to KRW 100,000 in the market price of KRW 20,000, and KRW 30,000 in the market price of KRW 60,000 in the above main points. The Defendant used the service of providing entertainment reception costs equivalent to KRW 140,000 in the above main points.

However, the defendant did not have the ability to pay the price even if he was provided with the above alcoholic beverages, eggs, and services.

Accordingly, in collusion with B, the Defendant acquired pecuniary benefits equivalent to the same amount by deceiving the above victim and being provided food and service equivalent to the sum of KRW 330,000 from the victim, that is, the victim, and not paying the price.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of D's written statements to statutes;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, and the choice of fines;

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

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, character and conduct, family relationship, and circumstances before and after the crime, under Article 334(1) of the Criminal Procedure Act, of the provisional payment order, shall be determined as ordered by taking into account the following circumstances:

The Defendant did not agree with the victim and did not recover from damage.

- The defendant was aware of the crime of this case and reflected in the favorable circumstances.

- criminal records exceeding fines; or

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