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(영문) 인천지방법원 2013.07.10 2013고단2778
사기등
Text

Defendant

A Imprisonment of 10 months, Defendant B shall be punished by a fine of 50,000 won, respectively.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[criminal power] On May 14, 2013, Defendant A was sentenced to a suspended sentence of two years for one year by imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.) at the Incheon District Court, and that judgment became final and conclusive on the 22th of the same month.

【Criminal Facts】

1. At around May 2, 2013, the Defendants: (a) committed an act as if they would enter the “Eju” operated by the victim D in Incheon Spojin-gun, Incheon, and (b) by deceiving the victim by ordering alcohol, alcohol, and alcohol, etc.

However, the Defendants did not have any intention or ability to pay the drinking value at the time.

As a result, the Defendants conspired to deception the victim, and received 570,000 won, including two diseases and perstinies, from the victim.

2. Defendant A did not pay the drinking value at the place as stated in paragraph (1) at the same time and without paying the drinking value as stated in paragraph (1), and the victim F (the 29-year-old employee) was in possession of the Defendant due to driving away from the Defendant, and threatened the victim with a portable knife (the blade length of 6cm, the total length of 18cm) that was in possession of the Defendant, and used the victim's knife with the Defendant's knife with the Defendant's knife, and assaulted the victim's face and body at a time when the victim's knife was knife with the Defendant's knife.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police interrogation of the Defendants and F concerning the Defendants and F

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. Previous convictions in judgment: Application of criminal records and investigation reports (suspect A's previous records and attachment reports) and statutes;

1. Defendants of relevant legal provisions on criminal facts: Articles 347(1) and 30 of the Criminal Act (Appointment of Defendant A’s imprisonment with prison labor, and of Defendant B’s fine): Articles 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, and Article 260(1) of the Criminal Act

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendant A among concurrent crimes:

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