(영문) 인천지방법원 부천지원 2016.09.29 2016고단1779



A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.


Punishment of the crime

On July 7, 2016, at around 22:00, the Defendant: “D main point for the operation of the Victim C’s 1st underground floor located in Bupyeong-si B, Seocheon-si, B; by deceiving employees E in such a way as if he did not have any intent or ability to pay the price; and by deceiving them, he was provided with beer and beer with the sum of KRW 320,000, the sum of which is the victim’s ownership on the same day from the above E, and acquired it by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to E (List 7);

1. Receipts (List 2), business registration certificates (list 3);

1. Application of Acts and subordinate statutes of photograph (List 5);

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act selecting a penalty, and imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing reasons under Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend, Article 62-2 of the Criminal Act, Article 59 of the Act on the Promotion, etc. of the Protection, etc. of and Order to Attend the Criminal Act (a confession, reflect, the amount of damage is relatively minor, the amount of damage is not subject to punishment under the agreement on the recovery of damage), the unfavorable circumstances (in addition, even though the prosecutor has been urged to suspend indictment for the same kind of crime, including one time of the suspended sentence), the defendant's act of repeating the same kind of crime continuously despite the nature of the crime in the instant case by committing the crime in spite of very pleasure and pleasure, criminal punishment, etc.