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(영문) 광주지방법원 2020.05.20 2020고정85
사기등
Text

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

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

Reasons

Punishment of the crime

[205] From September 19:00 on the same day to September 21, 2019, the Defendant: (a) around 21:15 on the day, the victim C, operated in Gwangju North-gu, would like to pay the amount to the victim; and (b) ordered the victim to food, etc.

However, the defendant did not have the intent or ability to pay the price even if he received food, etc. from the victim.

The Defendant, as such, by deceiving the victim, was provided with murdering, beer, etc. equivalent to the market value of KRW 32,00,000 from the victim’s seat.

[2019] Defendant 2019

9. From around 09:40 on the ground that the victim F (the 40-year-old age) in Gwangju Northern-gu E would be unbrupted on the ground that the victim would be a bad person in front of the Switzerland, he/she would be under the influence of alcohol;

In the cement brick, which is a dangerous object, the victim tried to throw over two times to the victim, and the victim made intimidation.

Summary of Evidence

【2020 fixed 85】

1. Defendant's legal statement;

1. C’s statement;

1. A receipt for damage (2020 fixed86);

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes to photographs by cutting down brick photographs and CCTV video images;

1. Relevant Article 347(1) of the Criminal Act and Articles 284 and 283(1) of the Criminal Act (the occupation of fraud and the choice of fines) of the same Act concerning criminal facts and the choice of punishment (the occupation of special intimidation and the selection of fines);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the same and many kinds of criminal records as the defendant, is disadvantageous to the defendant. However, the defendant's victim does not want the punishment of the defendant, and the defendant has economic difficulties, etc. shall be determined by taking into account the various circumstances that form the conditions for sentencing.

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