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(영문) 수원지방법원 2016.05.25 2016고정846
사기
Text

A fine of KRW 500,00 for the crime No. 1 in the judgment of the defendant, and a fine of KRW 1,00,000 for the crime No. 2 in the judgment.

Reasons

Punishment of the crime

On February 11, 2015, the Defendant was sentenced to a suspended sentence of three years on February 24, 2015 by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Seoul Central District Court, and the judgment became final and conclusive on February 24, 2015.

1. On August 15, 2014, the Defendant, even though there was no intent or ability to pay the drinking value in the drinking house called “D” operated by the victim C in Sinpo-si B around 02:0, the Defendant obtained the orders of 12 C and Sinpo-si, etc. with the delivery of 180 million won and 1.8 million won as if he were to pay it to the victim.

2. On March 14, 2015, the Defendant, at “G cafeteria” operated by the Victim F in Daegu Jung-gu, Daegu-gu, was committed as if he did not have the intent or ability to pay the price even if he/she drinks food and drink, and he/she was provided with an amount equivalent to KRW 51,00,00 in total, such as Schina 1 Si, Schina, Schina, and Schina, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. Previous records: Application of criminal records, criminal investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the crime. Article 347 (Selection of Penalty)

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) [inter-sections of fraud in paragraph (1) of the same Article, with respect to the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc. in which the judgment becomes final and conclusive)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. At the time of determining the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act, the Defendant was in a mental and physical state due to mental illness, etc.

However, considering the circumstances, such as the background of each of the instant crimes, the Defendant’s speech and behavior before and after the commission of each of the instant crimes, which can be known according to the evidence of the judgment, the Defendant does not seem to have failed to have reached a weak level of ability to discern things or make decisions at the time of each of the instant crimes.

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