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(영문) 제주지방법원 2017.06.22 2017고단133
사기등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On October 17, 2016, around 11:30, the Defendant: (a) had no intent or ability to pay the alcohol value; (b) had taken the view that the Defendant would pay the alcohol value despite the absence of an intent or ability to pay the alcohol value; and (c) had ordered the victim with alcohol and alcohol, etc. on the part of the victim, the Defendant acquired the alcohol and alcohol from the victim, namely, the victim, by being provided with alcohol and alcohol equivalent to KRW 2.50,000,00,000, including both alcohol and alcohol.

2. On October 18, 2016, the Defendant: (a) received a report from the above amusement station around 00:50 on October 18, 2016, and was arrested as a flagrant offender on suspicion of fraud from the police officers dispatched; and (b) detained him in the metropolitan detention room of the Jeju Jeju Police Station on the same day.

At around 09:30 on October 18, 2016, the Defendant was investigated on the suspicion of the above fraud at the Jeju Dong Police Station type and the team office exclusively in charge of the State violence, with the intent to have the person designated a fine for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous Death and Injury resulting from Danger). On the same day, the Defendant had the intent to use the F name without authority for the purpose of exercising it at the above office at around 10:06, and used the F name to gather the name and put the signature of the F in the column of the statement at the end of the suspect interrogation protocol, and then used the forged suspect interrogation protocol by submitting it to the police officer in charge of knowing the circumstances.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the defendant (Article 5);

1. Written statements prepared in D;

1. Receipts:

1. On-site photographs;

1. Application of Acts and subordinate statutes to a copy of money and valuables ledger kept in custody;

1. Article 347(1) of the Criminal Act applicable to the facts constituting an offense (the point of fraud), Article 239(1) of the Criminal Act (the point of the signature of the company), Article 239(2) and Article 239(1) of the Criminal Act (the point of exercising the signature of the company in question);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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