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(영문) 대전지방법원 2017.07.20 2017고정695

사기등

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

1. On November 11, 2016, the Defendant: (a) operated by B around 22:00 on November 22, 2016; (b) entered the E cafeteria located in Daejeon-gu, Daejeon-gu, Daejeon-gu, with a nameless female-in female-in female-in female-in female-in female-in female-in female-in female-in female-in female-in female-in female-in female-in female-

When the Defendant demanded the victim C to pay a meal, the Defendant added to 1 soldier a week, and interfered with the victim’s work by force for about 2 hours by sending a cryp, such as a cryp, by sending a cryp, etc. to the cryp, so that he has no money.

2. In spite of the fact that the Defendant did not possess cash or card at the date, time, and at the place specified in paragraph 1, and did not have an intent or ability to pay the price to the victim C, the Defendant acquired the pecuniary profit equivalent to KRW 14,000 from the victim B by taking advantage of the 1st century and the 2nd C C as if he would pay the price to the victim C.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A damaged photograph;

1. Application of the receipt statute

1. Relevant Article 347(1) of the Criminal Act and Article 314(1) of the Criminal Act concerning the facts constituting an offense; Article 347 of the same Act concerning the choice of punishment (opportune selection);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.