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(영문) 서울중앙지방법원 2016.05.03 2015고정1831
사기
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On February 11, 2015, the Defendant was sentenced to imprisonment with prison labor for one year and six months and three years of suspended execution for a violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.) at the Seoul Central District Court on February 11, 2015. The above judgment became final and conclusive on February 24, 2015.

On July 6, 2014, the Defendant, without intent or ability to pay the amount of food at the “D” restaurant operated by the victim C in Osan-si B on July 6, 2014, made the victim believe that he would be able to receive the amount of food at the D, and did not pay the amount of food at the D, such as beer (4,000 wonx 7.28,000 won), beer (20,000 won), beer (20,000 won), two weeks (10,000 won, 1,000 square meters, 5,00 won, 15,000 won, 15,000 won, 1,000 won, 1,000 won, 28,600 won, and 28,000 won, since he did not pay the amount.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Interim invoice;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (a final and conclusive judgment appended);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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

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