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(영문) 부산지방법원 2014.07.21 2012고단8716

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 27, 2012, the Defendant was issued a summary order of 2 million won for fraud in the Changwon District Court Msan Branch on August 27, 2012, and the record of the same crime is more than 16 times.

On September 17, 2012, around 23:50 on September 23:50, 2012, the victim D (n, 41 years of age) operated in Busan, had shown the attitude that the victim had been able to pay the food value without being able or able to pay the food value, and ordered the victim to pay the food value, and the victim was provided with an amount equivalent to KRW 14,100 in total market price, such as four-person portion for which the victim had been able to do so, a small-scale one disease, and a Chinese-style one.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the receipt statute

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. It shall be sentenced to the same sentence as the order in consideration of the following circumstances: (a) the amount of damage caused by sentencing under Article 62(1) of the Criminal Act is a small amount of damage caused by the reason of sentencing; (b) the accused is against the law; (c) the accused is not good