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(영문) 대구지방법원 2016.12.14 2016고정2320

사기

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On June 23, 2016, the Defendant was sentenced to imprisonment for 8 months with prison labor due to night buildings, intrusion of buildings, larceny, etc. in the Western Branch of the Daegu District Court, and the judgment became final and conclusive on July 1, 2016.

【Criminal Facts】

The defendant is a person who has no fixed occupation.

The Defendant, from around 01:30 on February 22, 2016 to around 03:30 on the same day, received alcoholic beverages equivalent to KRW 60,00,00, totaling KRW 60,000 from the victim C, and received alcoholic beverages equivalent to KRW 260,00,00 from the victim, and did not pay the same. The Defendant, without any capacity and intent to pay the note, did not have any capacity and intent to pay the note.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Receipts, on-site photographs;

1. Previous records of judgment: Criminal records, inquiry records, case search, application of statutes;

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 (1) 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;