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(영문) 의정부지방법원 2016.04.29 2015고단3181

사기등

Text

A defendant shall be punished by imprisonment with prison labor for not more than four months and a fine not exceeding three hundred thousand won.

If the defendant does not pay the above fine, it shall be gold.

Reasons

Punishment of the crime

1. On April 22, 2015, the Defendant issued an order for alcohol, alcohol, etc. to the victim as if he/she would pay the following food value, drinking value, etc. at the “D” entertainment shop for the victim C’s operation in the Gangwon Iron-gun, Gangwon Iron-gun.

However, in fact, the Defendant did not have cash to pay the above-mentioned cost of alcoholic beverage and food, and there was no intention or ability to pay the food value, drinking value, etc.

The Defendant, as such, by deceiving the victim, received food, beverage, etc. equivalent to KRW 200,00 in total from the seat.

2. No person who violates the Punishment of Minor Offenses Act shall, while under the influence of alcohol, carry in rough words or conducts by rough words or conducts at a government office;

Nevertheless, at around 02:20 on April 22, 2015, the Defendant: (a) expressed that the police officers working in the said district would be under the influence of alcohol in the 169-12, a public office located in the Dongong-gun, Gangwon-gu, Gangwon-do, Geumwon-gun, which is a public office located in the 169-12, and (b) expressed a bath to the said district; and (c) took an attitude that the police officers who refrain from doing so seem to be at the time of doing so; and (d) carried a very rough and scruous speech and behavior by doing so.

Summary of Evidence

1. Statement by the defendant in court;

1. Each written statement in C and E;

1. Simplified receipts:

1. Application of Acts and subordinate statutes to a report on investigation (in the course of arrest within the boundaries of the transmission zone), a report on investigation (in the case of attaching a written statement of a police officer in the transmission zone);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act (the fraud point, the selection of punishment by imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of disturbance in the official document, and the selection of fines);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 3 and 50 of the same Act, which increases concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, may be said to constitute a fraudulent act committed with no prior to the instant fraud, even before committing the crime.