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(영문) 부산지방법원 2013.10.11 2013고정2767
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 2, 2013, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court on May 10, 2013 and the judgment became final and conclusive on May 10, 2013.

1. On November 18, 2012, around 03:40 on November 18, 2012, the Defendant: (a) entered the Dju shop located in Busan Yagu as a mixed customer; (b) without having any capacity or intent to calculate the drinking value; (c) made a false statement as if he/she would calculate the drinking value to the victim E-2 years of age; and (d) acquired the 240,000 won from the victim who believed it as the victim to believe that he/she would be able to calculate the drinking value.

2. Under the preceding paragraph, the Defendant, at the time and place under the influence of alcohol, obstructed the victim E’s main business for a period of about one hour, by putting the studs on the floor of the studs, putting them on a studs, putting them on a large scale, putting them on a studs, putting them on a studs, avoiding a disturbance, and booming them, and obstructing the victim E’s main business for about one hour.

3. On November 19, 2012, the Defendant acquired the victim’s 5,300,000 won by deceiving the victim’s 5,000 won, including the 5,000,000 won and 1,000,000 won, as the Defendant had the ability to pay the drinking value to the victim H within the Gju located in the Gju located in the YY-gu, Busan Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The police statement of H;

1. Before ruling: Application of Acts and subordinate statutes governing a copy of judgment;

1. Relevant Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act, Article 314(1) of the Criminal Act, and the choice of fines for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with 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;

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