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(영문) 부산지방법원 2014.08.18 2014고정1519
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 28, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on December 6, 2013.

1. On August 3, 2013, the Defendant, around 21:40 on August 3, 2013, 2013, committed as if he would pay the food value even though he/she had no intent or ability to pay the food value, and he/she was provided with an amount equivalent to KRW 24,00,000, total of 1 horses, 2 bottles, and beer from the victim D.

2. "2014 high-level 1524".

A. On August 26, 2013, around 23:40 on August 26, 2013, the Defendant committed a crime with the crime of August 2013, 2013, which was committed as if he did not have the intent or ability to pay the food value in the “F restaurant” located in the Busan Dong-gu, Busan, but was engaged in as if he would pay the food value, and he received from the victim G the sum of three persons (12,00 won), one disease (3,000 won), one disease (3,000 won), and two diseases (6,000 won) of the b1,00 won.

B. On August 27, 2013, the Defendant, at around 04:00 on August 27, 2013, obtained the sum of KRW 22,000 (3,00,000) of the following: (a) around August 27, 2013, the Defendant committed an act as if he did not have the intent or ability to pay the food value, and was committed as if he would pay the food value; and (b) the Defendant was obtained from the victim J., with the sum of KRW 1ma (1,00), 1 disease (3,00,000), and 22,000 (4,000 won) of the beer.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. Each police statement made to D, G and J;

1. Each investigation report and each receipt; and

1. Previous convictions in judgment: The application of printed out of the Konet case search and printed out, and a copy of judgment;

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

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

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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