beta
(영문) 청주지방법원 2015.05.07 2015고단321

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

around 12:45 on February 20, 2015, the Defendant: (a) at the “AE restaurant” of the Victim AD operated in Cheongju-si AC, a considerable amount of Cheongju-si; and (b) notwithstanding the fact that the Defendant had no income at the time and had no intention or ability to pay the price, the Defendant ordered the Victim to pay the price and received the price from the Defendant; and (c) the Defendant received from the Victim the amount of 11,000 won at the market price, namely, the Defendant received from the Victim the amount of 3 soldiers and 15,000 won at the market price from the tin; and (d) by deceiving the victims on five occasions from March 18, 2015 as indicated in the attached list of crimes, and acquired it through deception and 111,000 won at the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to AD, AF, AG, AH, and AI;

1. Application of the Acts and subordinate statutes to each receipt and simplified receipt;

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

1. Of concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the decision of type], the reason for sentencing under Article 38(1)2, and Article 50 of the Criminal Act [the decision of the recommended area], the basic area [the decision of the recommended area] [the defendant was sentenced to a summary order of a fine of KRW 300,000 on January 7, 2015, and a summary order of KRW 1 million on January 20, 2015, and the case was sentenced to a suspended sentence of imprisonment for six months on February 12, 2015, and the case was currently pending in the appellate court.

Nevertheless, from the time of the release by the sentence of the previous case, the Defendant repeated the crime, and even though the amount of damage was not significant, the Defendant did not completely recover from the damage.