beta
(영문) 수원지방법원 안산지원 2014.11.18 2014고단2267

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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 September 7, 2014, at around 03:56, the Defendant ordered the victim to pay entertainment expenses, as if the victim had the intent or ability to pay entertainment expenses.

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

Nevertheless, the Defendant, as seen above, was provided by the victim with a false statement, with a total of KRW 2.80,000,000, such as 1 disease and 2.80,000,000, in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. A simple statement in C;

1. Application of receipts, on-site photographs statutes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as “consceptive circumstances”) of the suspended sentence: A favorable circumstance such as the fact that the defendant has the same criminal power of 13 times in the same number of laws; however, that the defendant committed the instant crime: (a) reflects the defendant’s mistake; (b) agreed with the victim; and (c) there is no penalty power other than fines after 2003; and (d) other factors for sentencing as prescribed in Article 51