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(영문) 서울중앙지방법원 2017.05.11 2017고단1198

사기등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 23, 2017, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court, and the judgment becomes final and conclusive on the 31st day of the same month.

1. On February 5, 2017, at around 21:00 on February 5, 2017, the Defendant: (a) had the victim C’s main points in “D” operated by the victim C in Gangnam-gu Seoul Metropolitan Government; (b) had the intent or ability to pay the drinking value, etc.; (c) had the victim taken a drinking and food order so as to make payment; and (d) had the victim take food and having the victim take it by taking it out; and (c) had the victim take it by taking it

2. The Defendant violated the Resident Registration Act, at the above date, at the above time and place, arrested the police officer affiliated with the E police box called up after receiving 112 reports on the crime of taking military service, and notified the police officer of F’s resident registration number (G) as if he was F, and used the other person’s resident registration number unlawfully.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. A letter of arrest of a flagrant offender (F);

1. A certificate (F);

1. An investigation report (a correction of a suspect and recognition of the addition of a violation of the Resident Registration Act);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as the Seoul Central District Court Decision 2017 High Order 924, etc.;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense, Article 347 of the same Act, and Article 37 subparagraph 10 of the Resident Registration Act (Selection of each fine);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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.