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(영문) 부산지방법원 2016.05.12 2016고정213
사기
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On November 6, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court, and the above judgment became final and conclusive on April 21, 2016.

On June 7, 2015, at around 23:30, the Defendant: (a) received total of KRW 115,000,00, including C, C, and Singing service, etc., 14 C, C, and Singing service, and 3, Singing Co., Ltd., who did not possess cash or credit cards, etc. that could pay the drinking value at the time, and thus did not have any intent or ability to pay the drinking value despite the absence of an intent or ability to pay the drinking value; and (b) obtained economic benefits by being provided as if he would pay the drinking value.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. Receipts and photographs; and

1. Previous records: Application of Acts and subordinate statutes to each written judgment or conet search outputs;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That a punishment shall be mitigated in consideration of equity with cases where a judgment is rendered concurrently with a crime of violation of the Punishment of Violences, etc. Act (Habitual Confinement) and a violation of the Punishment of Violences, etc. Act (Inflictingment) on which a judgment has become final and conclusive;

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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