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(영문) 부산지방법원 2015.04.23 2014고단6765

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 30, 2014, around 22:09, the Defendant ordered the Defendant to pay the alcohol value to the victim within the “Eju” operated by the victim D located in Busan Jin-gu, Busan, the sum of KRW 43,000, including 9 illness, 1 Sinan-si, and 1 A, to be done.

However, there was no intention or ability to pay alcoholic beverages even if the victim received alcoholic beverages, etc. as above.

As above, the Defendant deceptioned the victim and received alcoholic beverages equivalent to KRW 43,00 from the victim, etc., thereby taking property benefits equivalent to the same amount.

2. The Defendant reported 112 to the effect that “the person is dead,” at the above date, time, and place, and the Defendant reported 112, and the slope G belonging to the Busan High Police Station F Zone G, which was called upon to check the Defendant’s contents of the report, showed the attitude that he was able to collect beer’s disease from the table table, cut it into the table table, cut it on his own front, and look at a slope G with a shoulder, and obstructed the Defendant’s lawful execution of the duties concerning the handling of the instant G 112 Report and crime prevention.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 347 (1) and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 2 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The range of final sentence due to the aggravation of multiple crimes for which there is no basic area (6 to 1.6 months) of types 1 (less than KRW 100,00) of types of general fraud (in the event of less than KRW 100,00) [the scope of recommending punishment] of crimes 2 (Obstruction of Performance of Official Duties] (the scope of recommending punishment] of the basic area (6 to 1 year and 4 months) of the obstruction of performance of Official Duties (in the event of obstruction of Performance of Official Duties) and the basic area (6 to 6 months and 1 year and 4 months) of the suspension of performance of Duties (the person who has a special penal person] for the reasons of sentencing in Article 62-2 of the Criminal Act: