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(영문) 창원지방법원 2014.05.09 2014고정318
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On February 5, 2014, the Defendant was sentenced to imprisonment with prison labor and two months for fraud, etc. in the Suwon District Court's Ansan Branch on February 13, 2014, and the judgment became final and conclusive on February 13, 2014.

On July 10, 2013, the Defendant, from around 21:30 on July 21, 2013 to around 01:10 on the following day, had no intent or ability to pay the drinking value, and had the victim D, the Defendant, as a matter of course, deceiving the victim D to pay the drinking value, even though there was no intention or ability to pay the drinking value from the five floors of the Kimhae-si building B, and had the victim, who had been provided with two bottles with one amusement reception receptionist Board and 130,000 won at the market price, acquired a total of 380,000 won of drinking for four hours.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (Attachment of simplified receipt);

1. Previous records of judgment: Criminal records, etc., inquiry reports, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes (criminal record data and attachment of judgment);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

2. Handling concurrent crimes and exemption of punishment: The latter part of Articles 37 and 39 (1) of the Criminal Act (the crime of fraud and the crime of previous conviction in the judgment of the court is related to concurrent crimes under the latter part of Article 37 of the Criminal Act, and at the same time, exemption from punishment in consideration of the equity

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