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(영문) 부산지방법원 2017.12.12 2017고정1565
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

Some of the facts charged were corrected.

On February 16, 2017, the Defendant was sentenced to imprisonment with prison labor for special intimidation, etc. at the Busan District Court on May 26, 2017, and the said judgment became final and conclusive on May 26, 2017.

On July 6, 2016, around 05:0, the Defendant ordered the victim D, the main owner of the business, without having any intent or ability to pay the price in the “C” located in the Dong-gu Busan, Busan, to use the food amounting to KRW 29,500,00 in the market price, including 3 luscam, 1 luscam, 1 luscam, and 3 luscam.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation;

1. Previous convictions: Results of case search, application of Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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