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(영문) 대구지방법원 2015.07.16 2015고단2159

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant did not have cash or credit card or other means of settlement during the period of absence of a change in a certain occupation and there was no ability to pay the price by ordering alcohol.

Nevertheless, at around 01:20 on March 4, 2015, the Defendant issued an order for alcohol and alcohol as if the Defendant would pay the amount to the victim at the three hotel floors in Daegu Suwon-gu, and the "F entertainment tavern" operated by the victim E (50 years of age).

The Defendant, as such, by deceiving the victim, was provided with the two weeks and the share of KRW 1,860,000 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes on the value receipt;

1. The pertinent provision of the criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud [the scope of punishment] and there is no basic area (6 to 100 million won) (6 to 1 year and 6 months) [the decision of sentence] [the defendant has a record of being punished more than 10 times for the same criminal act] [the decision of sentence], and the defendant has a record of being punished more than 10 times for the same criminal act, and the defendant was sentenced to 2 years of suspended sentence and probation on February 5, 2015, which became final and conclusive on February 5, 201, and again

In light of the fact that the defendant was sentenced to a fine and a suspended sentence for the same crime so far, it is not appropriate to impose a fine more than a fine on the defendant in the light of the fact that the crime of the defendant is repeated.

The facts that the crime of this case was committed one time, and the amount of damage was not high as 18.60,000 won, and that the defendant repented and reflected the mistake, etc., shall be considered as favorable to the defendant.

When the sentence becomes final and conclusive, the fact that the sentence should be sentenced to the suspended imprisonment shall also be considered as an element of sentencing.

In addition, the motive, background, and means of the instant crime.