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(영문) 춘천지방법원강릉지원 2020.09.18 2020고단556
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

Punishment of the crime

On July 3, 2020, the Defendant was sentenced to four months of imprisonment with prison labor for a special assault in the Gangseo branch court of the Chuncheon District Court on July 3, 202, and the judgment became final and conclusive on August 11, 2020.

At around 17:53 on January 25, 2020, the Defendant, even if having ordered food, sent the same attitude as paying the price in the “D” operated by the Victim C (hereinafter referred to as “C”) located in the Manan-gu, Ansan-si, Annyang-si, Annyang-si, with the same attitude as paying the price in spite of the intention or ability to pay the price, and deceiving the victim by ordering the method of ordering, and acquired the 9,000 won of the market price from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A receipt in C’s written statement;

1. Previous record: Defendant’s legal statement, criminal record inquiry, application of the Acts and subordinate statutes of the Supreme Court for the search of cases;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act to treat concurrent crimes (the crimes of special violence which have become final and conclusive in the judgment);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the crime of this case is in a relationship between a special assault crime for which judgment has become final and conclusive and a crime of ex post facto concurrent crimes, and thus, the decision of fine is made by taking account of equity with the case where the judgment has been rendered. Considering the unfavorable circumstances, the fact that there was a record of punishment for the same kind of crime has been committed several times, the confession and reflect of the crime, the damage is minor and the victim does not want

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