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(영문) 서울북부지방법원 2013.11.13 2013고정1478

사기등

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 January 31, 2013, the Defendant was sentenced to three years of imprisonment with prison labor at Seoul High Court for robbery, etc., and the judgment became final and conclusive on March 22, 2013.

1. On March 17, 2012, around 04:50 on March 17, 2012, the Defendant had the same attitude to pay the victim E with no intent or ability to pay the singing room fees, etc., and had the victim E demanded the victim E to use the word “sing, singing, and singing,” and the Defendant acquired approximately KRW 1.50,00,00 from the victim with the victim’s money, including the singing room service, singing, and the 150,000,000 won.

2. The Defendant, at the above date, at the above time and place, exceeded the victim’s jackets to the effect that the victim was shacked, and the Defendant demanded KRW 800,000 to report it to a business place selling alcoholic beverages, but failed to do so on the wind reported by the victim, even though the Defendant demanded KRW 80,000 to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Part of the police statement of E;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense (the point of fraud), Articles 352 and 350 (1) of the Criminal Act (the point of attempted crime);

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

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

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;