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(영문) 서울서부지방법원 2019.07.03 2019고단1345

사기등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 1, 2018, the Defendant was sentenced to two years of imprisonment with prison labor for special assault at Seoul Western District Court on October 1, 2018, and the said judgment became final and conclusive on October 9, 2018, and is currently under probation period.

1. On January 14, 2019, at around 21:27, the Defendant jointly with B and C, issued an order to sell food sales bags operated by the Victim F, a victim F, prior to the exit out of Yongsan-gu Seoul Metropolitan Government, No. 14, in Yongsan-gu, Seoul, for the following reasons: (a) 2 illness, 2 illness, sptruding spons, and 1 capital reduction, as if he would normally pay the food value.

However, there was no intention or ability to pay the price even if the victim received food from the victim because the defendant, etc. does not have the means of settlement such as cash at that time.

Defendant

In this regard, the victim was provided with 20,000 won in total, 10,000 won in total, 2 soldiers, 2 sprinks, and 10,000 won in the same place.

As a result, the defendant was given property by deceiving the victim jointly with B and C.

2. The Defendant, at the time and place specified in paragraph (1), and at the time and place specified in paragraph (1) of the same Article, sought to pay the food value by H, a police officer belonging to the Yongsan Police Station G District G District, called the police officer belonging to the Yongsan Police Station G District, who called the Defendant, and tried to flee. The Defendant expressed that the Defendant would have sold his arms to the said H, “Chose, steina, sweet,” and assaulted the said H three times in drinking.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. C’s statement;

1. A protocol concerning the examination of each police suspect against the defendant, C, or B;

1. Statement of the police statement related H;

1. A written statement of F and I;

1. The report of investigation (the receipt)

1. Investigation report (to hear the victim's F telephone statement);

1. Investigation report (to listen to the J phone statement of a witness);

1. Previous convictions in judgment: Application of criminal records and court rulings (110 pages);

1. Article 347 of the Criminal Act of this Act concerning criminal facts.

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