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(영문) 부산지방법원 2018.06.11 2017고단2983

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 8, 2016, the Defendant was sentenced to eight months of imprisonment for fraud at the Busan District Court, and the execution of the sentence was completed on April 24, 2017 at the Jinju prison.

1. On June 1, 2017, Defendant D’s 22:40 Busan Jin-gu C’s working as an employee, Defendant D’s 22:40 Busan Jin-gu’s working as an employee. In fact, Defendant D’s working as if he would pay the alcohol despite the absence of the intent or ability to pay the alcohol value, and Defendant D’s working as if he would have been provided with 3 sick and singing services, etc. from the injured party, thereby acquiring a property interest equivalent to the equivalent amount of 390,000 won.

2. On October 20, 2017, Defendant 2024: (a) around 21:45 on October 20, 2017, Defendant G, operated by the victim G in Busan Sho-gu, Busan, ordered that the victim would pay the alcohol value despite the absence of the intent or ability to pay the alcohol value; and (b) the Defendant ordered that the victim would pay the alcohol value to the victim; and (c) the Defendant acquired economic benefits by receiving the said amount of money equivalent to KRW 180,000 for each share of KRW 180,000, total market value of which is equivalent to KRW 180,000.

Summary of Evidence

[2017 Highest 2983]

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A receipt [2017 Highest 6024]

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A receipt of alcoholic beverage value [previous convictions in judgment]

1. Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, (A), an investigation report (referring to a report on the same criminal record and the period of repeated offense);

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. Although the Defendant had a majority of criminal records of the same kind, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, he/she again committed a crime within the period of repeated crime, and he/she again committed a crime while having a basic supply cost during the trial of the case 2983, who provided other persons with alcohol.

The defendant has agreed with G.