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(영문) 서울중앙지방법원 2013.08.13 2013고정2675
사기등
Text

Defendant

A shall be punished by a fine of KRW 1,500,00, and by a fine of KRW 500,000, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. The Defendants’ fraud-related Defendants were between the rear line in society. At around March 19, 2013, around 02:14, the Defendants received an amount equivalent to KRW 634,00,00 from the victim D of the second basement C underground of Gangnam-gu, Seoul, without having an ability or intent to calculate the drinking value even if they were to drink and drink, and acquired pecuniary benefits equivalent to the said amount by being provided with an amount equivalent to KRW 634,00,00, such as the 17-year illness, etc.

2. Defendant A’s each assault and assault committed each assault and assault committed by Defendant A, at the same time and place as set forth in paragraph (1), that the victim D(33 years of age) calculated the drinking value, but the drinking value cannot be calculated. Defendant A sent the victim D’s face three times as drinking, taken the victim F(29 years of age), taken the face of the victim F(29 years of age) one time as drinking, carried the breath of the victim G(23 years of age), and boomed the victim G(23 years of age), and assaulted the victims.

Summary of Evidence

1. Defendants’ partial statement

1. Each written statement of the police officer against D, F, and G;

1. A report on investigation (H statements);

1. Application of an invoice statute;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 347(1) of the Criminal Act; Article 30 of the Criminal Act; Article 260(1) of the Criminal Act; Article 260(1) of the Criminal Act; selection of each fine

B. Defendant B: Article 347(1) of the Criminal Act, Article 30 of the Criminal Act, the choice of fines

1. Defendant A from among 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 detention in a workhouse;

1. Article 334 (1) of the Criminal Procedure Act, each of the provisional payment orders;

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