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Defendant shall be punished by a fine of three million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
1. On June 15, 2016, the Defendant denied an official document by presenting the completion of the resident registration certificate of C in the name of the Si of Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, the official document in possession, under the name of the Defendant’s resident registration certificate, at the Daegu-gu, Daegu-gu, Daegu-gu, 200-ro 20-ro 25, to be employed in a restaurant operated by B, and the official document was presented by the employees of the public health clinic in order to verify their identity.
2. On October 2016, 2016, the Defendant’s fraud is a “E” restaurant operated by the victim B located in Daegu Northern-gu, Daegu-gu, Seoul-gu, and the victim’s “E” restaurant, where a person who received the right to receive the right to receive the deposit within one year, has received the right to receive the deposit within one year.
On December 13, 2016, it is intended to terminate the contract on December 13, 2016, so that the cafeteria can sell well the value.
“A false statement” was made.
However, the defendant did not have received the right to receive the deposit, and there was no intention or ability to give the victim the right to receive the deposit.
On December 2, 2016, the Defendant, by deceiving the victim as above, received KRW 5,865,00 from the victim as the value of the right to receive the payment of KRW 5,865,00 under the name of the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against B;
1. Character messages;
1. Application of the results of a medical examination, investigation report (in unspecified matters of a suspect), investigation report (the resident registration certificate C that a suspect A steals), photographic Acts and subordinate statutes to the resident registration certificate;
1. Relevant Article 230 of the Criminal Act concerning the crime, the choice of punishment (the occupation of unlawful uttering of official documents), Article 347 (1) of the Criminal Act (the occupation of fraud), and the choice of fines, respectively;
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;