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(영문) 울산지방법원 2018.01.17 2017고단3903
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On November 10, 2017, the Defendant committed the act as if he would pay the drinking value in Ulsan-gu D operated by the victim C, Ulsan-gu, U.S., in spite of no intent or ability to pay the drinking value, and the Defendant made a false statement to the victim, stating that “Acker . I will be different from 7 concurrently Singer . I will be different. I will be different.” The Defendant received 7 Singer 100,000 won (including 30,000 won) in total from the victim’s seat, namely, 10,000 won (including 30,000 won) from the victim.

2. On November 10, 2017, the Defendant who interfered with his/her duties requested the calculation of the drinking value from the above victim D around November 23, 2017, and “A person who wishes to go to go to the Republic of Korea” shall not be a person who wants to go to go to the Republic of Korea.

좃 같네.

“In doing so, from the same day until 23:50 on the same day, the victim interfered with the victim’s business by force by avoiding disturbance from the camera of the said singing box.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to C

1. The relevant Article of the Criminal Act and the fraud of the choice of punishment (referring to the normal part favorable to the following grounds for sentencing): Article 347(1) of the Criminal Act, interference with the selection of fines: Article 314(1) of the Criminal Act, and the selection of fines;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant was sentenced to imprisonment on September 5, 2013 with prison labor for a crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc. at the Busan District Court on September 5, 2013) during the period of repeated crime, and commits another violent crime in March 4, 2015, and the defendant was also punished with prison labor for the same criminal record and other criminal records. In light of the fact that there are many criminal records and other criminal records, it is necessary to strictly punish the defendant.

However, it is stated that the defendant is led to confession and in depth, and that the injured party wishes to punish the defendant in agreement with the injured party, and the defendant is sentenced to imprisonment.

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