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(영문) 부산지방법원 동부지원 2016.06.22 2016고단712
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 21, 2015, the Defendant: (a) around Busan Jung-gu, the victim D’s “Esing shop” operated by Busan Jung-gu, and (b) the Defendant, despite having no intention or ability to pay the price despite the lack of any means to pay the price in cash or other alcohol; (c) ordered the victim to pay the price in advance; and (d) obtained the victim’s order from the victim to pay the price in advance and acquired the price by deceptioning KRW 320,000,000 from the victim’s place of the order.

2. On September 12, 2015, the Defendant: (a) had no means to pay cash or other alcohol values; and (b) had no intent or ability to pay the price even if he/she had been provided with alcohol or alcohol, etc.; (c) had ordered the said victim to pay the price; and (d) had been provided with an order to pay the price; and (e) had the victim’s 4 illness and al he/she received the total market price of 670,000 won from the said victim; and (e) acquired the price by deception.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to investigative reports (including submission and sale books and a statement of bank transactions, etc. by complainants);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into consideration in favor of the people in mind):

1. The crime of this case with the reason of sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service repeatedly acquired the main agent from the main point of view, which is disadvantageously unfavorable, such as the nature of the crime is bad, the criminal defendant was re-offendered during the period of probation, and the criminal defendant was a majority of the

However, it is advantageous to the fact that the defendant recognizes the facts charged and seriously reflects the facts charged, and that the defendant compensates for damages and agreed with the victim.

. Other defendant.

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