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(영문) 부산지방법원 동부지원 2015.09.09 2015고단1301

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 4, 2015, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in the Busan District Court's Dong Branch branch branch, and completed the execution of the sentence on August 7, 2015.

1. Around August 7, 2015, the Defendant against the victim C was aware of the intent and ability to pay the amount to the said victim, and ordered the victim, such as alcohol and alcohol, around August 23:40, 2015, at the “EM point” for the operation of the victim C, located in Busan Shipping Daegu D.

However, at the time, the defendant did not have a job and did not have an intent or ability to pay liquor, etc. even if he received alcohol, etc. from the victim because he left the prison, immediately after leaving the prison.

The Defendant, by deceiving the victim as above, obtained 200,000 won in total from the victim, i.e., 20,000 won, from the victim, from the victim, and obtained 4 diseases, and drinking water from the victim.

2. Around 01:00 on August 8, 2015, the Defendant: (a) committed an act as if he/she had the intent and ability to pay the amount to pay the said amount to the victim; (b) ordered the Victim F to pay the said amount to the victim; and (c) ordered the Victim F to do so.

However, at the time, the defendant did not have a job and did not have an intent or ability to pay liquor, etc. even if he received alcohol, etc. from the victim because he left the prison, immediately after leaving the prison.

As above, the Defendant, by deceiving the victim, was provided with 320,000 won a total of 320,000 won from the victim, i.e., 20,000 won abund, 30,000 Stju, 1,000 Stju,

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Previous records: Application of criminal history records, inquiry reports, and criminal investigation reports (verification of the date of release of a suspect)-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The proviso of Article 35 and the proviso of Article 42 of the Criminal Act among repeated crimes: