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Defendant shall be punished by a fine of three million won.
If the defendant fails to pay the above fine, 50,000 won shall be one day.
Reasons
Punishment of the crime
On September 12, 2012, the Defendant was sentenced to eight months of imprisonment for fraud at the Gwangju District Court on November 7, 2012, and the said judgment became final and conclusive on November 7, 2012.
[2012 Highest 6109] On May 21, 2012, the Defendant opened and intruded into the victim E’s residence in the house managed by the victim Eul located in Gwangju Dong-gu, Gwangju, with a 700,000 won of the market price of the victim D owned by the kitchen, and with 10,000 won of the 70,000 won of the market price of the victim Eul owned by the kitchen, and 2 boxes with 300,000 won of the market price of the victim E owned by the victim and 30,000 won of the market price.
Accordingly, the defendant stolen the victims' property equivalent to the total amount of 1.1 million won in the market.
[2013 Highly 978] On 14:00 on 21, 2012, the Defendant made a false statement to the victim H by stating that “The victim H was able to pay the food value” in the G cafeteria located in Gwangju-gu, Gwangju-gu.
However, there was no intention or ability to pay the price even if the victim orders drinking and food.
The Defendant, by deceiving the victim, received from the victim the total amount of KRW 24,00 of the market value, such as two lux and one lux, one lux and one lux, and one lux, but did not pay the amount, thereby acquiring property benefits equivalent to the said amount.
Summary of Evidence
[2012 Highest 6109]
1. Statement made by a witness I in the second protocol of the trial;
1. Each legal statement of witness E andJ;
1. Statement of the police officer to I;
1. Each E statement;
1. Table of 112 Reporting (2013 High Court Decision 978);
1. Each legal statement of the witness H;
1. A H statement;
1. Receipts (previouss before and after the market): Application of criminal history records, etc. and Acts and subordinate statutes to report criminal investigation (report on confirmation before and after the market);
1. Relevant Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, and selection of fines for a crime;
1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes