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(영문) 부산지방법원 2013.04.08 2013고정817
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On September 7, 2012, the Defendant was sentenced to five years of imprisonment with prison labor for special robbery, etc. in the Jinwon District Court's Jinju branch on September 7, 2012, and the judgment became final and conclusive on November 30, 2012.

On September 23, 2011, the Defendant had no intent and ability to pay the price for drinking, on the ground that he/she is working in Busan Dong-gu, Busan Metropolitan City (hereinafter referred to as "B") at around 22:00.

Nevertheless, while the victim acted as if he had the intent to pay the drinking value and paid the drinking value, he did not pay 172,000 won in addition to 18 sick places, 150,000 won in 3 hours per 3 hours per 18 sick places, and 32,00 won in total.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Receipts:

1. Previous records: A copy of each judgment and the application of the Acts and subordinate statutes of case search;

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

1. Handling concurrent crimes and exemption of punishment: The latter part of Article 37 and Article 39 (1) of the Criminal Act ( Taking into account the fact that the degree of damage is not substantial, and the principle of equity with the case that a judgment has become final and conclusive);

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