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(영문) 부산지방법원 2014.09.24 2014고단4264
사기등
Text

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

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

Reasons

Punishment of the crime

1. On April 23, 2014, around 03:10 on April 23, 2014, the Defendant committed an act as if the Defendant would pay the amount to the victim, despite having no money, credit card, etc. in his/her possession, even if he/she received alcoholic beverages due to the lack of credit card, etc., as if he/she had no intent or ability to pay the amount to the victim.

The defendant was obtained from the victim, that is, the sum of 80,000 won and acquired from the victim.

2. On May 13, 2014, from around 03:20 to around 03:50 on the same day, the Defendant obstructed the victim’s musical business by forcing the victim G located in the Busan Geum-gu to take a bath to the effect that “the victim, without any special reason, shall be punished for the wrong part of the inside and outside of the police.”

Summary of Evidence

1. Statement by the defendant in court;

1. Each police officer's statement about D and G;

1. Application of the receipt statute

1. Relevant Article 347(1) of the Criminal Act, Article 314(1) of the Criminal Act and Article 314(1) of the Criminal Act and the selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was punished several times for the same crime. On February 7, 2013, the Busan District Court sentenced 10 months of imprisonment by fraud, etc., and on September 29, 2013, the Defendant committed the instant crime within the short period after the completion of the punishment, even though the execution of the sentence was completed in the Jinju Prison, even though it was still in the period of repeated crime.

However, it is favorable that there was no other problem in addition to the instant crime after having been punished only once after the end of the punishment (this Court Decision 2013 High Court Decision 32087 Fraudulents).

The above circumstances are as follows.

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