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(영문) 부산지방법원 동부지원 2015.12.21 2015고정126
사기
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

① On July 30, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Attorney-at-Law Act in the Daegu District Court’s Port Branch Branch on October 30, 2012. The said judgment became final and conclusive on September 13, 2013. ② On September 25, 2014, the Defendant was sentenced to eight months imprisonment with prison labor at the Busan District Court on September 25, 2014, and that judgment became final and conclusive on February 6, 2015.

1. On March 17, 2011, the Defendant ordered the Defendant to pay the 10th floor of “C hotel” 10th floor of “C hotel” located in Suwon-gu, Busan (hereinafter “E”, 41 years of age) to the Victim “E”, and the Defendant ordered the Victim to pay the 10th floor value of the 10th floor, “I will pay the 41 years of age to the Victim.” However, the Defendant did not have any intention or ability to pay the 10th floor value.

The defendant obtained both shares from the victim and acquired them from the victim's false horses, thereby taking them into consideration together with the female Domins, thereby acquiring the pecuniary profits equivalent to 600,000 won.

2. On June 22, 2011, the Defendant ordered the Defendant to pay the alcohol value to the victim at the same place of business as at night on June 22, 2011, and the Defendant ordered the Defendant to pay the alcohol value to the victim as at the previous level of credit. The Defendant did not have any intent or ability to pay the alcohol value.

The defendant obtained both shares from the victim and acquired them from the victim's false horses, thereby taking them into consideration together with the female Domins, thereby acquiring the pecuniary profits equivalent to 600,000 won.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused prepared by the police;

1. Statement of statement on D prepared by the police;

1. Each statement of a copy of account statement (Evidence No. 11 of Evidence No. 2);

1. Previous convictions in judgment: Application of each Act or subordinate statute to the entries of inquiry reports (No. 1 document of evidence) prepared by the police and copies of each written judgment bound in the records of public trial (Jinsan District Court Decision 2014Da6167, 2014No3512 and Supreme Court Decision 2015Do31).

1. Article 347 (1) of the Criminal Act and Article 347 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act for concurrent crimes;

1. Article 37 of the Criminal Code among concurrent crimes.

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