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(영문) 서울북부지방법원 2013.03.11 2013고정142

사기등

Text

A fine of KRW 500,00 shall be imposed on the second offense in which the defendant's judgment is held.

The above fine shall not be paid by the defendant.

Reasons

Punishment of the crime

On October 20, 2011, the Defendant was sentenced to ten months of imprisonment with prison labor at the Seoul Northern District Court for fraud, etc., and the judgment became final and conclusive on December 31, 2011.

1. On September 201, 201, the Defendant acquired agricultural credit card (number C) under the victim B in the Sisan Park in front of Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-gu Office, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, and carried it without any report.

2. The Defendant: (a) around 23:00 on July 23, 2012, at the “Fju” operated by the victim E in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul; and (b) even on the order of coffee, the fact follows that the Defendant would have paid the price in the absence of the intent or ability to pay the price; and (c) the Defendant did not pay the price in the next 5,000 won after having ordered coffee 2.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (general), investigation report (general), and telephone communications for victims;

1. A copy of credit cards;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to the defendant's legal statement, portraits and results reporting;

1. Relevant Article 360(1) of the Criminal Act, Article 360(1) of the Criminal Act, Article 347(1) of the Criminal Act, and the choice of fines for a crime;

1. Handling concurrent crimes and exemption of punishment: The latter part of Articles 37 and 39 (1) of the Criminal Act (Exemption from punishment in consideration of the equity in cases where a judgment has become final and conclusive for the crime of embezzlement of possession and fraud, etc., and concurrent judgment);

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;