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(영문) 서울북부지방법원 2016.12.09 2015고정1775
사기
Text

Defendant shall be punished by a fine of 300,000 won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On September 10, 2015, the Defendant was sentenced to imprisonment with prison labor for larceny, etc. at the Seoul Eastern District Court on September 10, 2015 and the judgment became final and conclusive on November 9, 2016.

At around 11:30 on October 26, 2014, the Defendant purchased goods equivalent to KRW 1 boxes, KRW 1 boxes, and KRW 65,200,00 from the Dart located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and requested delivery of goods to KRW 123 Dong and 1001,00,000.

When the victim delivered the goods, the defendant shows his card that does not have settlement, and then the defendant tried to calculate it only. The victim again found his card, but by deceiving the victim by means of re-afusing the word that he did not have settlement, and thereby acquiring property benefits.

Summary of Evidence

1. Partial statement of the witness F in the court;

1. The police statement concerning F;

1. Voluntary report;

1. Previous records: Application of Acts and subordinate statutes in which the statements of the accused are entered in the third protocol of trial;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

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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