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(영문) 부산지방법원 2016.02.04 2015고정4101

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 6, 2015, the Defendant was sentenced to imprisonment with prison labor for a year and six months and a fine of 500,000 won at the Seoul Central District Court on the 14th day of the same month and the judgment became final and conclusive.

On February 21, 2015, the Defendant: (a) had the victim’s “Esing” in the “Esing room” in the operation of the Victim D in Busan Ssong-gu, Busan, by deceiving the victim; (b) did not pay the victim the sum of KRW 220,00,00,000 including the sum of KRW 20,00,000,000 from the victim, but did not pay the victim the sum of KRW 22,00,00

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Previous convictions in judgment: Application of outputs of the net case search and each judgement document to statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. The latter part of Article 39(1) of the Exempted Criminal Act (Considering the circumstances, such as the fact that the Defendant fully repaid damage during the investigation process, and multiple fraudulent crimes committed before and after the judgment include a number of fraudulent crimes, and even if judgment is rendered simultaneously with the instant crime, the sentence of the said final judgment does not change);