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(영문) 제주지방법원 2013.11.15 2013고정647
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

Notwithstanding that the Defendant does not have an intent or ability to pay the price even if he received an order of alcohol or alcohol, etc., the Defendant:

1. On January 8, 2013: (a) around 20:00 to 22:45, the victim’s “Dward point of the victim’s C operation located in Jeju-si B” was committed as if he would pay the price; and (b) it was received from the victim the sum of KRW 350,000,000, including beer 35 diseases, and 350,000,000;

2. From January 18, 2013 up to 22:00 to

1. At around 2:10, around 19:2:2:10, the victim F, in Jeju, was committed as if he would pay the price in the “G” car page of the victim F, and the member, upon receiving the victim’s total sum of KRW 70,000 from the victim, including 8 Mariju and 1 Mariju, Mariju;

3. At around 19:40 on January 20, 2013, at the “J points” of the victim I’s operation in Jeju, around 19:40, the Defendant acquired from K the sum of KRW 148,00,00 for 3 Macro 3 disease 18,00, 84,000 for 12 disease 84,000 for Macro 12 disease 84,000 for Macro 10,000, 20,000 for Kadidi 20,000 for 1,48,000 for Macro 20,00 for 1,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement prepared C, F, and K;

1. Application of each receipt statute;

1. Relevant Article 347 (1) of the Criminal Act and the choice of a fine: Article 347 (1) of the Criminal Act;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. A provisional payment order: A sentence shall be imposed as ordered by taking into account all the following circumstances as the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The fact that the facts of the crime are recognized and seriously reflects the fact (it is recognized that the fact that a person was hospitalized in a L Hospital for six months from April 30, 2013 after an investigation by the police was conducted by the police is recognized), the amount of damage is not very significant, and the fact that there is no criminal record exceeding a fine, which is disadvantageous to the fact that there is no criminal record: A number of criminal records resulting from the same kind of crime under the same Act.

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