beta
(영문) 부산지방법원 2017.06.23 2016고단790

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 30, 2015, the Defendant issued an order to pay the price in the “B” (victim D and E operation) located in Busan Northern-gu, Busan, for the following reasons: (a) around 20:30 on July 30, 2015; and (b) the Defendant received an order to pay the price.

However, the defendant did not have the intention or ability to pay the price even if he was provided with the alcohol and the helper service from the injured party.

The Defendant, as such, by deceiving the victim, was provided with alcohol and entertainment services equivalent to KRW 150,00 in total from the place of the damage.

2. The Defendant, on August 1, 2015, ordered the payment of the price in the “F” (victim H and I operation) located in the north-gu Busan Metropolitan City G around August 13, 2015 and through deception of the F amusement center and the amusement service.

However, the defendant did not have the intention or ability to pay the price even if he was provided with the alcohol and the helper service from the injured party.

The Defendant, as such, by deceiving the victim, was provided with alcohol and entertainment services equivalent to KRW 330,00 in total from the place of the damage.

In this respect, the defendant, by deceiving victims, acquired financial benefits.

Summary of Evidence

1. A protocol concerning the examination of the accused and the examination of the police;

1. Each statement made to D and H:

1. Written complaints prepared D and H;

1. Application of an invoice statute;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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