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(영문) 부산지방법원 2014.09.18 2014고정1119
사기
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

The defendant is a person who was sentenced to six months of imprisonment with prison labor for fraud in Busan District Court on November 28, 2013 and the judgment on December 6, 2013 became final and conclusive.

On August 2, 2013, around 02:10 on August 2, 2013, the Defendant, at the main point of “D” operated by the victim C in Busan Jin-gu, Busan, ordered the food value as if he would pay the food value.

However, the fact did not have the intention or ability to pay the price even if it is ordered to do so.

Nevertheless, the Defendant, as if he were to pay the amount, had a total of KRW 21,00,00, such as 1 madin, 1 madin, 1 madin, and 1 madin in the same place.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. Invoice;

1. Previous convictions: Application of Acts and subordinate statutes;

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

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

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

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

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