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(영문) 부산지방법원 2020.04.08 2019고단6150

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Attachment to Cumulative Crime] On March 6, 2019, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Busan District Court, and completed the execution of the sentence on December 2, 2019.

[2019 Highest 6150] On December 13, 2019, the Defendant issued an order for alcoholic beverages, alcohol, etc., while doing so as to pay the completion amount properly within the “Dmine Point” operated by the injured Party C located in Busan High-gu, Busan High-gu.

However, the defendant did not have the intention or ability to pay the price properly.

The Defendant received from the victim the service of 3 illness of 480,000 won in total, 10 disease disease of 10,000 won for beer, three entertainment service for beer, and one entertainment service for beer.

Accordingly, the defendant deceivings the victim and defrauds the pecuniary profit of 480,000 won.

[201:01:20 on December 13, 2019, the Defendant issued an order for alcohol, alcohol, and alcohol, etc. with the victim F, operated by the victim F, located in the Busan Northern-gu, Busan, as if he would pay the amount properly.

However, the defendant did not have the intention or ability to pay the price properly.

The Defendant was provided with 20,000 won and 380,000 won in total from the victim.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to KRW 380,000.

Summary of Evidence

[2019 Highest 6150]

1. Defendant's legal statement;

1. A written statement prepared in C;

1. On-site photographs, receipts, etc. [20 highest 357];

1. Defendant's legal statement;

1. A statement prepared by the F;

1. A photograph of the scene of the crime and a receipt [the front section];

1. Application of Acts and subordinate statutes to criminal records, reply reports, and personal confinement status;

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. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of punishment by law: Imprisonment for one month to ten years;

2. The scope of recommending punishment according to the sentencing criteria (a decision of type) shall be the fraud crime;