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(영문) 서울중앙지방법원 2016.05.25 2016고단1729
사기
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Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal record] On September 26, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul High Court on the Aggravated Punishment, etc. of Specific Crimes on October 18, 2015 and completed the execution of the sentence at the Port Correctional Institution on October 18, 2015. On January 15, 2016, the Defendant was sentenced to eight months by imprisonment with prison labor for a violation of special duties at the Seoul Central District Court, and the said judgment became final and conclusive on May 10, 2016.

[2] On November 23, 2015, the Defendant: (a) committed an act as if he did not have the intent or ability to pay the drinking value in the “E” operated by the victim D in Dongdaemun-gu Seoul Metropolitan Government; (b) ordered the victim with the alcohol and the alcohol to pay the drinking value; and (c) obtained the victim with the alcohol and the alcohol equivalent to KRW 150,000 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Receipts:

1. Previous convictions: Inquiries about criminal history, investigation reports (Attachment of a sentence attached to a judgment), judgment, application of Acts and subordinate statutes of expropriation;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of an alternative fine (to be imposed concurrently with a crime of obstructing the performance of special duties for which judgment has become final and conclusive, consideration of equity, amount of damage, etc.);

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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