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(영문) 서울북부지방법원 2019.01.28 2018고정1115
사기
Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On March 14, 200, the defendant was sentenced to imprisonment with prison labor for ten months and six months for a violation of the Punishment of Violences, etc. Act in the High Military Court, and the above judgment became final and conclusive.

1. On February 15, 1999, at around 01:20, the Defendant: (a) received an amount equivalent to KRW 425,00,00 in the market price, such as alcohol and alcohol, from the victim; (b) received from the victim, and acquired it by deception, and received it, even if he/she did not have the intent and ability to pay the price even if he/she drinks with drinking and drinking alcohol; and (c) obtained it from the victim, the Defendant received the amount equivalent to KRW 425,00 in the market price, such as alcohol and alcohol;

2. From April 16, 199, from around 02:00 on April 16, 199 to 02:0, the facts in the G dan of the Victim F Management of Dobong-gu Seoul Metropolitan Government E Garan bar are about drinking and drinking, despite being unable to pay the price, it was ordered to pay the price in spite of the absence of the intent and ability to pay the price, and it was received from the victim with the amount equivalent to KRW 561,00,00 in market price, such as drinking and drinking.

Summary of Evidence

1. Defendant's legal statement;

1. Summary order;

1. Previous convictions in judgment: Application of statutes, such as meeting of criminal and investigation experience data, and copies of military courts' rulings;

1. Article 347 (1) and Article 30 of the Criminal Act concerning the relevant criminal facts, the choice of punishment, and the choice of fines;

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

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

1. Articles 70 (1) 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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