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(영문) 수원지방법원 2013.03.22 2013고정188
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On September 5, 2012, the Defendant was sentenced to ten months of imprisonment with prison labor at the Suwon District Court for fraud, etc., and the said judgment became final and conclusive on November 29, 2012.

On March 17, 2012, from around 01:00 to around 02:00 of the same day, the Defendant: (a) had no intention or ability to pay the drinking value by finding the drinking value as a customer to the head of Suwon-si B and the second floor C points; (b) had been committed as if he would pay the drinking value to the victim D; and (c) had been provided with the amount of KRW 5,00 in the seat, namely, the amount equivalent to KRW 25,00 in the face value; (d) the sum of KRW 30,00 in the face value, and acquired it by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Sales slips;

1. Previous convictions: Case search and 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 concerning concurrent crimes;

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

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

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