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(영문) 부산지방법원 2019.06.26 2018고정1482
사기
Text

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

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

Reasons

Punishment of the crime

On September 12, 2018, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Busan District Court for fraud, and on September 20, 2018, the above judgment became final and conclusive.

The defendant did not have any variable property, and even if he did not have any means of payment, such as cash or credit card, during the process, he did not have the ability to pay the price even if he received an order of alcohol.

Nevertheless, between February 21, 2018 and 04:30 on February 21, 2018, the Defendant, as if he were to pay the amount to the victim within the instant singing stores operated by the victim C (the age of 56) in Yeongdeungpo-gu, Young-gu, the Defendant ordered the payment of the amount to the victim.

The Defendant acquired property benefits equivalent to KRW 300,000,000,000,000,000,000 won from the victim, and received from the victim the two-way disease (2.40,000 won) and the two-hour hours (60,000 won).

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of the police statement regarding C;

1. Receipts:

1. Division: Application of the summary agreement, assistant agreement, and copy of judgment to statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) 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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