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(영문) 수원지방법원 안산지원 2017.07.06 2017고정422
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On April 5, 2017, the Defendant was sentenced to ten months of imprisonment for fraud in this Court, and the judgment became final and conclusive on April 13, 2017.

At around 00:50 on November 26, 2016, the Defendant ordered the Victim C to pay the price in spite of his/her intent and ability to pay the price even if he/she was provided with alcoholic beverages and food, he/she received from E an alcoholic beverage and alcoholic beverage equivalent to KRW 14,00 on a market price of KRW 14,00 on a alcoholic beverage (4,00) and a alcoholic beverage (10,000) as if he/she would pay the price in spite of his/her intent and ability to pay it.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Text;

1. Previous convictions in judgment: Investigation report (the summary issuance of the order related to the same work, the text of the judgment, and appendix of indictment) (applicable to the statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

1. In light of the latter part of Article 39(1) of the Exempted Criminal Act (the fact that the defendant is recognized to commit a crime, and the crime of fraud and the crime of this case, for which the judgment becomes final and conclusive, are in a single concurrent crime relationship after Article 37 of the Criminal Act, and the degree of damage caused by the crime of this case, the form of act and the closeness of the time of the crime, etc., even if the judgment was rendered together with the above crime of fraud, it is deemed that no more severe punishment has been imposed. Therefore, the judgment is rendered as above on the ground that the crime of this case and the above crime of fraud for which the judgment became final and conclusive

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