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(영문) 의정부지방법원 2013.10.31 2013고정1578

사기등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On October 11, 2012, the Defendant was sentenced to six months of imprisonment with prison labor at the District Court for fraud, which became final and conclusive on December 14, 2012.

1. 사기 피고인은 2012. 4. 1. 23:40경 동두천시 B건물 106호에 있는 피해자 C이 운영하는 D주점에서 대금을 지급할 의사나 능력이 없음에도 불구하고 마치 지급할 것처럼 행세함으로써 피해자를 기망하여 이에 속은 피해자로부터 시가 25만원 상당의 양주 1병, 시가 10만원 상당의 칵테일, 과일안주 1접시 등 도합 376,000원 상당의 술과 음식을 제공받았다.

2. The Defendant borrowed the victim C’s mobile phone at the time and place indicated in paragraph (1) and received approximately 800,000 won of the market price owned by the victim, and then stolen the said mobile phone with the victim.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud) and Article 329 of the Criminal Act, the selection of fines for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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