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(영문) 부산지방법원 동부지원 2019.03.18 2018고정895
사기
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 September 19, 2018, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court on September 28, 2018 and the judgment became final and conclusive on September 28, 2018.

The defendant did not have any intention or ability to pay the price even if he did so with alcoholic beverages.

Nevertheless, around 03:50 on 06. 06. 06. 06. 03:50 on 06. 06. 06. 00, as if the victim D were to pay for alcoholic beverages and for the purchase of alcoholic beverages within the Cju, it was not paid for the purchase of alcoholic beverages and the purchase of alcoholic beverages, the purchase of alcoholic beverages, the purchase of alcoholic beverages, and the purchase of alcoholic beverages, the purchase of alcoholic beverages, the purchase of alcoholic beverages, and the purchase of alcoholic beverages.

Accordingly, the Defendant, by deceiving the victim, has taken a total of KRW 220,000 property benefit.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A report on investigation;

1. Previous convictions indicated in judgment: Application of criminal history records, probationary records, past records of disposition, and results of confirmation (five cases);

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 concerning concurrent crimes;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order takes full account of the criminal records of the defendant, the amount obtained by deceit, the circumstances leading to the crime of this case, the equity in the case of the judgment at the same time with the criminal records of the judgment in which the judgment has become final and conclusive, and other circumstances shown in the records and arguments of this case, including the age, character and conduct

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