beta
(영문) 인천지방법원 부천지원 2021.01.12 2020고정761

사기

Text

A defendant shall be punished by a fine of 500,000 won.

However, the above sentence shall be executed for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 14, 2020, from around 20:00 to May 5, 201: (a) the Defendant, as a result of the victim C’s operation from around 20:00 to from around 01:00 on the following day, had no money in water and had been provided with drinking and drinking, etc., but had no intent or ability to pay the price, and had the victim paid the price in a normal manner, deceiving the victim by ordering the victim’s drinking and drinking, etc.; and (b) the Defendant, as a result, obtained the victim’s 20,000 won in total from the market price, i.e., e., c., 350,000 won from the victim’s seat.

Summary of Evidence

1. A protocol concerning the examination of suspect of the defendant who has made a statement in court;

1. C’s receipt of the C’s statement;

1. Application of Acts and subordinate statutes to on-site photographs and investigation reports of business licenses (on-site conditions, etc.);

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act’s choice of punishment (in fraud), and Article 347(1) of the Criminal Act’s choice of fine (in spite of the fact that the Defendant had been subject to a fine twice as a crime of fraud in the former type in 2010 and 2014, he/she again committed the instantless type of crime, and thus, he/she has a very high risk of re-offending and has shown a serious legal warning attitude. Therefore, he/she should be punished by a fine pursuant to Article 457-2(1) of the Criminal Procedure Act.

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the suspended execution shall be sentenced to suspended execution at once, taking into consideration the following: (a) the defendant has led to the confession of all crimes of this case and reflects his depth; and (b) the defendant has paid 350,000 won to the victim immediately after the crime

1. It is so decided as per Disposition on the grounds of Articles 70(1) and 69(2) of the Criminal Act or more of the Criminal Act in detention in a workhouse (in a case where the suspension of execution is invalidated or revoked);