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(영문) 대구지방법원 포항지원 2018.02.07 2018고정21
사기
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 10, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for special injury, etc. in the Daegu District Court Port Branch on January 10, 2018, and the above judgment became final and conclusive around January 18, 2018.

On May 26, 2017, the Defendant ordered “D main points” operated by the victim C in North-gu, North-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.

However, the fact, however, did not have the intention or ability to pay the drinking value, but did not pay the price.

The Defendant, by deceiving the victim as above, was provided with 20,000 won of beer, 3 Byungju, 20,000 won of market price from the damaged party.

The defendant of "2018 Highly 22" is a person with no occupation.

On May 8, 2017, the Defendant, even though being supplied with food at “G cafeteria cafeteria operated by the Victim F in Northern-gu, North Korea, at the port of port on May 15:00, 2017, sent the same attitude that the Defendant would pay the price without any intention or ability to pay it, and was ordered by the Defendant to pay the price to the victim a total of KRW 16,000, such as water 1st, 1st, and C, and did not pay the price, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Invoice;

1. Investigation report (certificates of receipt, permits, and attaching on-site photographs);

1. Previous convictions: Application of the text of the judgment and the result of case search;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;

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