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(영문) 전주지방법원 2017.12.14 2017고정124
사기등
Text

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

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

Reasons

Punishment of the crime

On April 19, 2015, the Defendant, “2017 High 124,” by deceiving the victim in the manner of ordering alcohol and alcohol as if the victim did not have an intent or ability to pay the price even if he/she takes an order of alcohol and alcohol, and by taking an order of the victim as if he/she would pay the price to the victim even if he/she takes an order of alcohol and alcohol, he/she acquired it by taking 30,000,000 won in total from the victim and 4.50,000 won in total from the market price.

Around May 2015, the Defendant, as a member of the local reserve forces, moved his/her place of residence from Seo-gu Seoul Special Metropolitan City E to his/her non-permanent branch, and from August 2015 to F in his/her non-permanent branch of the former Special Metropolitan City, Seo-gu.

In such cases, the members of the local reserve forces shall report their relocation to the competent Dong office.

Nevertheless, on July 23, 2015, the Defendant failed to report the change of place of residence in order to prevent delivery of a call notice for training of the local reserve forces without justifiable grounds, thereby making it unknown to reside ex officio.

Summary of Evidence

"2017 High 124"

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. "Receipt 2017 High 130";

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to accusation and accompanying documents;

1. Relevant legal provisions of the Criminal Act, Article 347 (1) of the Criminal Act (a fraudulent point), Articles 15 (2) and 6-2 of the Act on the Establishment of Local Reserve Forces, the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. In light of the favorable circumstances, such as the fact that the Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, recognized all the criminal facts of this case by an investigative agency, the Defendant re-offending the same type of fraud, and the fact that the damage has not been recovered, etc., taking account of the circumstances unfavorable to each other.

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