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(영문) 대구지방법원 2017.02.16 2016고단416

사기등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On August 15, 2015, around 04:50 on August 15, 2015, the Defendant ordered a singing shop operated by the victim D (V, 43 years of age) located in Busan Ssing shop C, as if the Defendant were to pay the drinking value to customers.

However, the defendant did not have any intention or ability to pay the drinking value.

The Defendant, by deceiving the victim and being provided alcoholic beverages, etc. from the victim on the spot, obtained the total amount of KRW 240,000 ( KRW 150,000 per two weeks, KRW 60,000, KRW 30,00 per two weeks, and KRW 30,00 per T/C).

2. Around 05:32 on the same day as the description in paragraph 1, the Defendant: (a) voluntarily accompanied the Defendant at a G G G G G G G G G G G G G G G G G G G GG office located in the same GuF on the same day; (b) demanded the Defendant to go home to the Defendant on several occasions at the Busan G G G G G GJ’s workplace in the influence of alcohol; (c) however, the Defendant: (a) received money from the said G G GW office; and (d) received money from the said G GW office;

The abandonment of internal life was made.

Nant and human life abandonment means death and life abandonment;

"Abrutal, humping, threatening H's face face part over three times due to drinking, and continuously trying to balp and balp price one hand with left hand, and interfered with police officers' legitimate performance of duties concerning criminal investigation and prevention.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or H;

1. Application of bills, photographs, and other Acts and subordinate statutes;

1. Relevant legal provisions of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The grounds for sentencing under Article 62(1) of the Criminal Act on the suspended sentence are the crimes of the First Crimes (Fraud) [Scope of the Recommendations] under Article 62(1) of the Criminal Act, the basic area (from June to one year and six months) (no person subject to special sentencing) of the Act on the Punishment, etc. of Specific Crimes (Interference with Execution of Official Duties) [the scope of the recommended punishment].