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(영문) 수원지방법원 2013.06.13 2012고정3238
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 23, 2013, the Defendant was sentenced to imprisonment with prison labor for 10 months or for 2 years of suspended execution, and the judgment became final and conclusive on April 31, 2012 in Suwon District Court Decision 2012Da5655, 2013Ma518 (Joint), 2013 Godan1613 (Joint), 2013 Godan1667 (Joint) Violation of the Punishment of Violence, etc. Act (Joint Destruction and Damage), etc. (Joint Destruction, etc.), and was sentenced to imprisonment for 10 months or for 2 years of suspended execution and on April 31, 2012. On April 23, 2012, the Defendant did not receive the above amount of money by acquiring food and alcohol equivalent to 12,50 won from the victim of E, who was working at the above restaurant, even though the Defendant did not have the intent or ability to pay the food and alcohol value in the restaurant operated by the victim C in Suwon-si B, and did not pay the above amount of money.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and the choice of a fine;

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

1. Articles 70 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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