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(영문) 부산지방법원 2012.10.24 2012고단4804
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On June 8, 2010, the Defendant was sentenced to eight months of imprisonment for fraud and insult at the Busan District Court, and the execution of the sentence was terminated at the Busan Detention House on January 30, 201.

1. On May 10, 2012, at around 01:35, 2012, the Defendant: (a) received orders from the victim C (the 52-year-old) from the victim who was located in Geum-gu, Busan (the 52-year-old-gu) by ordering the Defendant to pay the drinking value in a normal manner despite the absence of the intent or ability to pay the drinking value; and (b) obtained the orders from the victim as if he would pay the drinking value normally.

2. Definating;

A. On May 10, 2012, around 01:35, the Defendant took a bath to the victim E (the age of 54) who was dispatched after receiving a report at the above main point, and publicly insultd the victim by stating that the victim E (the age of 54) is “Chewing, Chewing,” while complying with the said C, etc.

B. From around 01:40 on May 10, 2012 to 02:30 on the same day, the Defendant was arrested in the act of committing an act of committing an offense under Paragraph (1) at the F District of the Busan F District Police Station located in the Nam-gu Busan Sinsan-dong, Busan and was under investigation, and the victim G (57 years of age) during the course of the victim’s observation that “I am out of 57 years of age, I am out of her view that “I am out of her opening, her smoking, and she she was dead,” and that the victim’s Ha (54 years of age) publicly expressed that “I am out of her opening, she will die, and she will die.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each statement of E, G and H;

1. Each investigation report (general);

1. Previous records: Application of inquiry reports on criminal records, etc., report on results of confirmation of the previous dispositions, and investigation reports (written judgments of the same kind as the suspect A and inquiry about confinement information);

1. Article 347 (1) of the Criminal Act and Article 311 of the Criminal Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The range of recommendations based on the sentencing criteria shall be the type of general fraud (less than KRW 100,000).

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