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(영문) 부산지방법원 2016.05.19 2016고단950

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 23, 2015, the Defendant was sentenced to imprisonment with prison labor for fraud at the Busan District Court on January 23, 2015, and completed the execution of the sentence at the Gamyang Detention House on February 7, 2016.

[2] On March 2, 2016, the Defendant: (a) around 03:00 on March 2, 2016, the victim D operated in Busan Dong-gu, Busan; (b) performed as if he did not have the intent or ability to pay the price even if he was provided with alcohol and helper services from the injured party; and (c) ordered the injured party to provide alcohol and helper services; and (d) requested the injured party to do so.

The defendant received 480,000 won in total from the injured party and received 480,000 won in property benefits from the injured party.

On February 29, 2016, the Defendant ordered 201:1:48 on February 29, 2016, 'H singing room' operated by the victim G in Busan, which seems to be paid by the victim G in Busan, 'Wing room'. The Defendant ordered 'Wing room' and she did not want her to pay.

However, the defendant did not have the intention or ability to pay the price even if he was provided with the alcohol and the helper service from the injured party.

The Defendant, as such, by deceiving the victim, was provided with alcohol and entertainment services equivalent to KRW 200,000 in the same place from the damaged party.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to I and G by the police;

1. Each receipt; and

1. Previous convictions: Inquiry about criminal history, results of screening prisoners, and application of the text of the judgment;

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommendations] of Article 1 of the Act on the Aggravation of Sentencing (the scope of punishment shall be less than KRW 100 million) and Article 1 of the Act on the Aggravation of Aggravation of Crimes (one year to two years and six months) [Special Aggravation of Aggravation] The period of the same type of repeated crime is significant.