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(영문) 서울중앙지방법원 2020.11.02 2020고정1439

사기등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On May 21, 2020, around 00:25, the Defendant issued an order as if he would pay the drinking value even though he/she did not have the intent or ability to pay the drinking value, at the main point of the “D Operation D” for the victims of B and 1st underground floor in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City, the Defendant was provided with one cigarette equivalent to KRW 210,000 of the market value and KRW 4,500 of the market value from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. Around 03:10 on May 21, 2020, the Defendant violated the Resident Registration Act: (a) arrested and taken custody of the Defendant as a flagrant offender suspected of committing a crime, such as fraud described in paragraph (1) at the Seoul Gwanak-gu Seoul Gwanak Police Station E and office located in Gwanak-gu, Seoul Special Metropolitan City; and (b) notified the name and completion of the pro-friendly G, the name and resident registration number of which he had been asked to inform E and F of his personal information.

Accordingly, the defendant used another person's resident registration number unlawfully.

Summary of Evidence

1. Partial statement of the police interrogation protocol of the accused;

1. Each written statement C, H and I;

1. The letter of arrest of a flagrant offender;

1. On-site photographs and photographs of the suspect;

1. 112 reported case handling table;

1. CCTV video CDs;

1. Application of Acts and subordinate statutes to each investigation report (specific suspect, confirmation of suspect's balance of his/her physical card, victim C counterpart investigation);

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Act on the Election of Criminal Offenders, the main sentence of Article 37 subparag. 10 of the Resident Registration Act (the point of unlawful use of resident registration number), and the selection

1. former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes (Aggravation of concurrent crimes in a violation of the Resident Registration Act heavier than punishment);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [the scope of sentencing] A fine of KRW 50,000 from KRW 45,00 to KRW 00 [Pronouncement Decision] A fine of KRW 2,00,000 is relatively minor, and at the early stage of the investigation.