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(영문) 울산지방법원 2016.09.23 2016고정899
사기등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

1. Fraud;

A. At around 04:00 on October 3, 2015, the Defendant: (a) ordered the payment of the price to the victim even if he/she does not have any intent or ability to pay the price even if he/she takes an order to pay the price to the victim; (b) however, the Defendant ordered the victim to pay the amount equivalent to KRW 80,000,000 for the payment of the price, and did not pay the price to the victim.

B. On October 5, 2015, the Defendant entered the victim E (46 taxes, n.e., n., n.s.) of the B building 303 in Gyeyang-si B B (46 taxes, n.e., n., n.s.) with two daily drinkings as if he were to drink, despite the absence of wallets or cash, and ordered the victim to take measures equivalent to KRW 1 million for 1,00,000,000,000,000,000,000 won for 1,30,000,000,000,000,000 won for l.s., the Defendant, despite of the absence of wallets or cash at F amusement stations operated by the Defendant.

2. On October 3, 2015, at the same place as the above '1-A' as the victim C around October 3, 2015, at the same time as the above '1-A', the Defendant: (a) took away the victim’s bank that had been placed on his/her own will by taking advantage of the gaps of surveillance that caused the victim C to close the business hours; and (b) took out the bank, and (c) took out the wall of the bank; and (d) took out cash 50,000 won.

L. A. L. theft was committed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement (C);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions of the Criminal Act and Articles 347(1) and 329 of the Criminal Act concerning the selection of punishment for the crime (the fraud point), and the selection of fines (the fact that an agreement is reached with the victim C after the institution of public prosecution and the fact that it is against the victim)

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

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