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(영문) 대전지방법원 천안지원 2017.02.16 2017고정9
사기
Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

[criminal history] On February 6, 2015, the Defendant was sentenced to a suspended sentence of 8 months for special larceny by the Incheon District Court, and the judgment became final and conclusive on February 14, 2015.

[2] The Defendant, B, and C conspired, around April 27, 2013, and around 01:00, the Defendant, B, and C obtained financial benefits equivalent to KRW 500,000 in total by being provided with 30 bottles, 3, 4, and 500,000 from the injured party, even though the injured party was provided with alcohol, alcohol, and alcohol, etc. from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of each statement in the police interrogation protocol against B or C;

1. An appraisal statement or the results of inquiry into the DNA personal information of the detained suspect;

1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes described in subparagraph (A) of a written reply to inquiries, such as criminal history, etc. (A), the text of the judgment [2158, the second sentence of the Incheon District Court 2014, the second sentence of 2015, the second sentence of 2312 (Joint)] and the text of the judgment ( Incheon District Court 2014No 4

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the relevant criminal facts and Articles 347 (Selection of Penalty) of the Criminal Act;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334(1) of the Criminal Procedure Act provides for recovery of damage caused by the sentencing of Article 334(1) of the Criminal Procedure Act, or that the injured party wants to punish the accused, and the accused has been subject to punishment twice (one time a suspended sentence of imprisonment, one time a fine) due to the crime of this type, and several juvenile protective orders have been issued, and the accused has been pending in trial due to the crime of this type [the Suwon District Court 2016 No. 5610, 8634 (Joint) of the Suwon District Court 2016, 8634 (Joint) of the Suwon District Court 2016, 419), while the accused is recognized as committing the crime, it is against the accused, and the special larceny for which the judgment becomes final and conclusive and the crime of this case are concurrent crimes after Article 37 of the Criminal Act, taking into account equity with the case where the judgment is rendered simultaneously.

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