beta
(영문) 제주지방법원 2014.09.19 2014고정37

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

(2) On July 16, 2013, the Defendant was sentenced to a suspended sentence of two years and probation, and a community service for 80 hours at the Jeju District Court on July 24, 2013. The judgment became final and conclusive on July 24, 2013.

【Criminal Facts】

On March 30, 2013, the Defendant: (a) around 02:40, the victim C’s “D” of the victim C’s operation in Jeju City on March 30, 2013, and (b) the fact was committed as if the Defendant were to pay the price despite having no intention or ability to pay the price even if he was provided with alcoholic beverages, and (c) ordered the alcohol and the alcohol as if he were to pay the price; and (d) the Defendant received from the victim a total of KRW 600,000,

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement to be prepared;

1. Application of receipts, photographs, and statutes;

1. Relevant Article 347 (1) of the Criminal Act and the choice of a fine: Article 347 (1) of the Criminal Act;

1. Concurrent Handling of Crimes and Exemption of Punishment: Inasmuch as the instant crime is concurrent with the crime of fraud, etc. in which judgment has become final and conclusive, it is necessary to review whether to reduce or exempt punishment in consideration of equity in the case of judgment at the same time. Considering the criminal facts such as the crime of fraud, etc. (the crime of fraud and intimidation relating to seven occasions by an unfolded type), its normal relationship, and overall circumstances of the instant criminal facts, even if the instant crime was judged at the same time as the above crime of fraud, etc., even if the judgment was rendered at the same time, it is determined that the punishment of the Defendant would not have been aggravated (the imprisonment for eight months and two years, etc.), and thus, exempted from punishment.)