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(영문) 서울북부지방법원 2016.06.16 2016고정944

사기등

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

On February 2, 2016, the Defendant was sentenced to one year of imprisonment with prison labor at the Seoul Northern District Court for fraud, etc., and the judgment became final and conclusive on March 31, 2016.

1. On October 27, 2015, around 12:00, the Defendant entered the victim as a customer and received food equivalent to KRW 8,500,00 in total, including 12:50,00,00 from the victim, even though there was no intention or ability to pay the food value at “D main store operated by the Seoul Central-gu Seoul Metropolitan Government Victim C”.

2. 경범죄 처벌법위반 피고인은 제 1 항 기재 일시, 장소에서 사기죄 현행 범인으로 체포되어 E 파출소로 연행되어 온 후 경장 F에게 " 날 봐 달라, 안 봐주면 죽어 버리겠다 "며 고성을 지르고 갑자기 머리를 바닥에 찧는 등 약 10분 동안 고성과 함께 행패를 부려 파출소 내에 있던 경찰관들이 정상 적인 근무를 하지 못하게 함으로써 술에 취한 채로 관공서인 E 파출소 안에서 거친 말과 행동으로 주정하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of the receipt, evidence photographing statute

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 3(3)1 of the Punishment of Minor Offenses Act (the point of cancellation of the official document), and the choice of fines, respectively, for the crime;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;