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(영문) 춘천지방법원 강릉지원 2014.10.21 2011고단706
사기등
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 19, 201, at around 01:15, the Defendant: “E” of the victim D’s operation in Gangseo-si, Gangnam-si, and the Defendant, even if having ordered the alcohol, did so as to pay the amount of the alcohol value to the victim although there is no intent or ability to pay the alcohol value; and the Defendant ordered the alcohol; and the Defendant received approximately KRW 20,000 from the victim, approximately KRW 20,000,000 from the victim, by deceiving the victim.

2. The Defendant in violation of the Punishment of Violence, etc. Act (collectively weapons, etc.) threatened the victim by carrying a deadly weapon by carrying a jack kack (22 cm in total length, 10 cm in daily length) with a house located in the place where the said victim was requested to calculate the drinking value at the above time and place, and by again making the victim go to the above main point, with the victim as the above main point.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on jack Baf photograph kept by the suspect;

1. Relevant Article of the Criminal Act, Article 347(1) of the Criminal Act (Fraud and Selection of Imprisonment with Labor), Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 283(1) of the Criminal Act concerning criminal facts;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [aggravating concurrent crimes within the extent that the punishment imposed for a violation of the Punishment of Violences, etc. which is heavier than the punishment is added to the punishment provided for in the aforesaid Article];

1. It shall be decided as ordered for the reason of not less than Article 62(1) of the Criminal Act (i.e., the deep reflects, the agreement with the victim D, and the absence of any record of criminal punishment exceeding a fine).

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