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(영문) 대구지방법원 포항지원 2019.08.29 2019고단851

사기

Text

The sentence against the accused shall be determined by a fine of KRW 1,00,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On June 12, 2019, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of fraud, etc. in the Yeongdeungpo Branch of the Daegu District Court on the 20th of the same month, and the judgment was finalized.

【Criminal Facts】

On March 24, 2019, around 17:28, the Defendant was issued from the victim 3 soldiers in small 23,000 won in total at the market price, and 1 shot shot shot shot shot shot shot shot.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Before ruling: Criminal records and application of respective statutes of judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

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

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

1. In view of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act, the details and methods of the crime, the number of offenses committed by the victim and the injury was not recovered, the execution of August of the sentence sentenced to the same kind of crime was completed on January 28, 2019, and the crime was committed without being aware of the fact that it was committed during the period of repeated crime, and there was a record of having been punished several times of punishment as a crime of fraud prior to the instant case, in addition to the aforementioned repeated crime, there is a strong sense of responsibility for the Defendant.

However, the criminal facts before the first head of the judgment reflects the defendant's mistake, and the criminal facts before the first head of the judgment include a majority of the crimes of the same kind as the crime of this case, and at the same time, the decision of fine like the order should be taken into account in the same manner as