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(영문) 의정부지방법원 고양지원 2017.10.13 2017고단2020
사기등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On December 21, 2016, the Defendant issued an order for beer, etc. as if he would pay the alcohol value to the victim from the “E main store” operated by the victim D in Gyeyang-gu, Gyeyang-gu, Seoul, as well as around December 21, 2016.

However, the defendant did not have the intention or ability to pay the price even if he received the alcohol from the injured party.

Nevertheless, the defendant deceivings the victim as above, and was provided with 10,000 won in total from the victim with 100,000 won in the market price.

2. The Defendant, at the time, at the place specified in the above paragraph 1, expressed that he was asked to present an identification card from G in the circumstances belonging to the Goyang Police Station F District of the Goyang Police Station, who was dispatched upon receipt of a report related to the “unclaimed” type at the time, at the place specified in the above paragraph 1, and expressed to the above G that “I am out, spad, spad, spad, and spads,” and sent the face of the above G one time.

Accordingly, the Defendant, who is a police official, interfered with the legitimate execution of duties concerning the handling of the report.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Written statements of D;

1. Application of the receipt statute

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (the point of fraud, the choice of fines) on criminal facts, and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties and the selection of fines);

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. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the Criminal Procedure Act are as follows: (a) the Defendant recognized all the crimes in this case; (b) reflects his mistake; and (c) appears to have repaid the amount obtained by the defrauded to the defrauded; and (d) other various circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime, which form the conditions for sentencing as indicated in the instant records and the changed theories, shall be determined as the sentence as ordered.

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