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(영문) 대전지방법원 논산지원 2012.06.26 2012고단224
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Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

In collusion with B, the Defendant:

1. On February 15, 2012, at around 20:40, the victim D’s “EM” operated by the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, because there is no money under water, and even if the victim received alcohol, alcohol, etc. from the victim, the victim could not be paid the price, and the victim could have paid the price despite being unaware of his/her intent and ability to pay the price, thereby deceiving the victim as if he/she would have paid the price despite being unaware of his/her ability to pay the price, and then, the victim would acquire financial

2. On February 15, 2012, at around 22:40, the “H main store” operated by the Victim G in the Chungcheongnam-gun F, Chungcheongnam-gun, because there is no money under water, and even if he/she is provided with alcohol, alcohol, etc. from the victim, he/she deceivings the victim as if he/she would have been paid the alcohol value despite being unaware of his/her intent and ability to pay the said price, and then acquires property profits equivalent to 1.80,000 won at the market price, such as alcohol and alcohol, from the victim.

Accordingly, the defendant, in collusion with B, got profits from property by deceiving people habitually.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and G

1. Articles 351, 347 (1), and 30 of the Criminal Act, inclusive of the relevant Articles of law and the choice of punishment concerning the facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

1. The applicable sentencing guidelines for sentencing under Article 334(1) of the Criminal Procedure Act: (a) the applicable sentencing guidelines for fines not exceeding 30 million won [the range of recommending punishment] the aggravated area of the general fraud type 1 (less than 100 million won] [the range of recommending punishment] imprisonment with prison labor for a year to 1 year and 2 years and 6 months, which was sentenced by the defendant's criminal records as the same kind of crime, and has repeatedly reached the same type of crime with the same time in several months; but (b) the damage amount is relatively small, and damage is recovered to victims.

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