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(영문) 수원지방법원 안양지원 2014.04.10 2014고정112
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On June 24, 2013, the Defendant acquired a copy of the cream card, which was owned by the victim who lost his/her name due to the loss of the victim from the cream in Mapo-si B, Mapo-si around 23:00.

However, the defendant did not take necessary procedures such as returning the acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. Around 00:00 on June 25, 2013, the Defendant ordered the payment of alcoholic beverages, etc. at the “E” main point of the victim D operation in Mapopo-si C.

However, the defendant did not have the intention or ability to pay the price.

The defendant was issued to the victim with 180,000 won at the market price in the same place, and 6 Madju.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Seizure records;

1. Application of the Acts and subordinate statutes to the seized articles and E main photograph;

1. Relevant Article 360(1) of the Criminal Act, Article 360(1) of the Criminal Act, Article 347(1) of the Criminal Act, and the choice of fines for a crime;

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

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, filed a request for formal trial with regard to the instant summary order along with the request for recovery of the right to request formal trial, and rendered a judgment without statement of the Defendant, since he/she had been absent twice consecutively.

Considering the same criminal records of the defendant in major circumstances, the punishment for summary order shall be maintained by taking into account the various circumstances, such as the defendant's age, character and conduct, environment, relationship to the victim, motive, means and consequence of the crime, circumstances after the crime, etc., and the sentencing conditions specified in the records.

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