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(영문) 부산지방법원 2019.07.16 2019고단1607

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 26, 2018, the Defendant sentenced ten months to imprisonment with prison labor for special intimidation, etc. at the Seoul Central District Court on March 27, 2019.

[2019 Highest 1607] On April 8, 2019, the Defendant sent the same attitude to pay the food value normally in D'D' restaurant operated by the injured party C in Busan Dong-gu, Busan at around 20:20 on April 8, 2019, and ordered the injured party to pay the food value.

However, the defendant did not have any intention or ability to pay the food value due to the lack of credit cards or cash in his possession.

The Defendant, by deceiving the victim as such, received from the victim the total sum of 56,00 won of the 2-person judgment of the victim and 56,00 won of the 3-year judgment of the victim.

[2019 Highest 1801] On April 28, 2019, around 13:00, the Defendant: (a) sought money from the victim Furgists in the city of the Dong-gu, Busan; (b) but did not give money to the victim; and (c) had a parking-prevention concrete (a upper part pipe and lower part of the upper part of the upper part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part

Accordingly, the defendant carried dangerous objects and damaged the victim's property.

Summary of Evidence

[2019 Highest 1607]

1. Defendant's legal statement;

1. Statement to C by the police;

1. A receipt for the value of food [2019 order 1801];

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written estimate;

1. On-site photographs (victims and criminal tools before the market);

1. Application of Acts and subordinate statutes to inquiries, such as criminal records, and personal confinement status;

1. Relevant Article 347(1) of the Criminal Act; Articles 369(1) and 366 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, this case’s imprisonment with prison labor for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, and special intimidation, has not been served until the date of release.