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(영문) 의정부지방법원 고양지원 2018.02.08 2017고정1243
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On June 16, 2017, the Defendant was sentenced to 10 months of imprisonment for a crime of fraud in the Goyang Branch of the District Court, and the judgment became final and conclusive on November 17, 2017.

On January 7, 2017, at around 01:22, the Defendant: (a) placed the victim C’s 1st underground floor in Eunpyeong-gu Seoul Metropolitan Government (B) around 01:22; (b) placed the victim with no intent or ability to pay the normal drinking value; and (c) placed the victim with an oral drinking, which is the sum of KRW 105,00,00 from the victim’s seat, and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Receipts:

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as the defendant's legal statement and criminal history;

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. The latter part of Article 39 (1) of the Exempted Criminal Act (it seems that the defendant did not receive any more severe punishment even if he/she has received a judgment together with a crime of fraud on which a judgment became final and conclusive);

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