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(영문) 춘천지방법원 영월지원 2016.07.15 2016고정43
사기등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On November 19, 2014, the Defendant was sentenced to imprisonment with labor for a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Chuncheon District Court, and completed the execution of the sentence on June 21, 2015.

Criminal facts

1. On January 17, 2016, the Defendant, at the E main point operated by the victim D, a victim D, who was in Gangwon-gun, Gangwon-do, Gangwon-gun, (hereinafter “C”), expressed the attitude that the Defendant would normally pay the amount, even if the Defendant did not possess cash or a credit card, etc. that is able to pay, and thus, did not have the intent or ability to pay the amount, and ordered the victim to pay the amount in a normal manner.

As such, the Defendant, by deceiving the victim, was provided with alcohol and alcohol equivalent to KRW 350,00 from the victim.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant damaged the property by seeing that he would pay the drinking value from the victim D at the date, time, and place specified in paragraph 1, and by walking the electric riot of an amount equivalent to KRW 150,000,000, owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements of D;

1. Receipts:

1. On-site photographs;

1. Previous convictions: Inquiry about criminal history, application of investigation reports on the records of repeated crimes by defendants, and application of Acts and subordinate statutes concerning the acceptance of individuals;

1. Relevant Article 347(1) of the Criminal Act (the point of fraud), Article 366 of the Criminal Act (the point of damage to property), and the choice of fines for the crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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

1. Consideration for the reason for sentencing under Article 334(1) of the Criminal Procedure Act, including the fact that the crime was committed during the period of repeated crime, and the defendant suffers from stimulative disorder;

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