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(영문) 부산지방법원 2014.04.17 2014고정794
사기등
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

The defendant is a person who was sentenced to six months of imprisonment with labor for fraud in Busan District Court on January 22, 2014, and the judgment becomes final and conclusive on March 28, 2014.

1. On June 30, 2013, around 09:40 on June 30, 2013, the Defendant entered the D restaurant operated by the victim C in Busan Jin-gu, Busan, and ordered a swine boomed.

Even if the defendant orders food, he did not have the intention or ability to pay the price.

Nevertheless, as if you would pay the food value, we acquired financial benefits equivalent to the above price in a way that the victim did not pay the price to the 1st century price of swine boomed 5,500 won.

2. On the ground that the injured Defendant did not pay the price as described in paragraph 1, paid the price when the victim was deprived of the inside, paid the price, and the victim said that she would find out the face side of the victim at one time, and caused the victim to enter the face side of the victim at one time, and caused the victim to gather and display his/her storm, but the victim avoided it, while the victim was frighted, the victim was frighted with the glass (a. 15 m., 2.1 m., m., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g. g., g., g., g

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on investigation;

1. Previous records: The defendant's legal statement and application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Handling concurrent crimes, and exemption of punishment, Articles 37 (latter part) and 39 (1) of the Criminal Act (with regard to equity in cases where a judgment has been rendered simultaneously with a final judgment);

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