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(영문) 부산지방법원 2014.02.05 2013고정5908

사기

Text

Defendant shall be punished by a fine of 1.5 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 5, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. at the Seoul Western District Court (Seoul Western District Court) and the decision became final and conclusive on October 13, 2012.

On December 3, 2011, the Defendant purchased three pieces of tobacco (written) from the convenience store D (the age of 46) within the convenience store located in Busan Dong-gu, Busan, about 05:00 on December 3, 201, and presented the bank card (F) in the name of E under the suspension of use it had in advance as normal card.

In fact, the amount of tobacco equivalent to 75,000 won was received by the victim, such as the victim was in existence and did not pay the amount, although there was no intention or ability to pay the tobacco value.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to G and E;

1. Photographs;

1. Previous convictions of judgment: Unauthorized statements of disposition, results of confirmation, and application of Acts and subordinate statutes of judgment;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;