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(영문) 인천지방법원 2018.11.16 2018고정1543

사기등

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defrauded did not have any intent or ability to pay the alcohol value even if the Defendant, within the main point of “C” located in Seo-gu Incheon Metropolitan City, Seo-gu, Incheon, around September 29, 2014.

Nevertheless, the Defendant acquired property benefits by failing to pay the amount equivalent to KRW 39,00,00, which was paid to the victim D (52 Do, L, 52 Do, 500 C head 9 C head , 27,000, 12,000).

2. The Defendant committed assault by cutting the victim’s left arms and pushing the victim’s shoulder on the ground that the victim D (52 3,00) puts the Defendant’s arms to escape at the above time and place.

Summary of Evidence

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

1. Application of Acts and subordinate statutes of D;

1. Relevant Article 347(1) of the Criminal Act, Article 260(1) of the Criminal Act (the point of fraud), and the choice of each fine for a crime;

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;