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(영문) 부산지방법원 2016.10.20 2016고정2517
사기등
Text

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

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

Reasons

Punishment of the crime

On December 10, 2015, the Defendant was sentenced to a suspended sentence of three years from the Busan District Court for fraud, bodily injury, or crime of interference with business, which became final and conclusive on December 18, 2015.

1. On August 26, 2015, around 01:20, the Defendant issued an order for alcoholic beverage, musical beverage, and singing voice, as the Defendant calculated the drinking value in the instant singing room operated by the injured party C (at the age of 56) (hereinafter referred to as “the injured party”) in Yangsan City B.

However, the defendant did not have the intention or ability to pay the drinking value.

The Defendant, by deceiving the victim as such, had been provided with 50,000 won in total from the victim’s place, 50,000 won in the sum, 2, and 1 singing, and acquired pecuniary benefits equivalent to the same amount.

2. The Defendant committed assault, such as assaulting the victim’s face to drinking together, on the ground that the Victim G (Nam, South, and 31 years old) who was suffering from f (or 52 years old) and frighting time in front of E Bank No. 2 in Yangyang-si, such as Paragraph 1, said fing off the victim’s face to drinking together, on the ground that he said f (or 52 years old) and fing the drinking value.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of G, C, and F;

1. Photographs of the damaged part of the victim G;

1. Previous convictions in judgment: Application of criminal records, written judgments, and the regulations on search and output of Konet case;

1. Relevant Article 347(1) of the Criminal Act, Article 260(1) of the Criminal Act and Article 260(1) of the Criminal Act, the choice of each fine for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act for Handling Concurrent Crimes (the amount of fine specified in the summary order shall be reduced in consideration of equity in cases where the judgment is rendered simultaneously with the judgment of fraud, etc.);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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