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(영문) 창원지방법원 통영지원 2016.11.10 2016고단1411
사기등
Text

A defendant shall be punished by imprisonment for not less than nine months.

However, 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

1. On August 28, 2016, the defrauded: (a) around 21:20, the Defendant, despite having no intention or ability to pay the drinking value, ordered the victim to pay the drinking value in a normal manner; (b) deceiving the victim by placing an order of alcohol and alcohol; and (c) deceiving the victim by receiving the beer and beer equivalent to KRW 50,000 at the market price from the victim.

2. The Defendant causing property damage: (a) the victim who requests the drinking value at the time and place specified in the foregoing paragraph (1) above; (b) the Defendant saw the victim as “clock and opened kyp”; (c) shouldered on the floor by hanging beer mar on the floor; (d) the door at the entrance of the entrance of the entrance; and (e) broken off emergency lights.

As a result, the Defendant destroyed one beer traw, which is the victim's own market price, and damaged the door door and emergency, which is the victim's own, to have approximately KRW 759,500 for repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Summary receipt, estimate of damage, and destroyed fire doors photographable materials;

1. Application of investigation reports (in cases of on-site mobilization situations), investigation reports (in cases of site photographs, etc.), and statutes;

1. Relevant provisions of the Criminal Act, Articles 347(1) and 366 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. Sentencing criteria;

(a) Class 1 crime (Fraud) [Scope of Recommendation] General Fraud (Amount of less than KRW 100 million) and the mitigated area (one month to one year) (Special Mitigation) (Special Mitigation) is not subject to punishment;

(b) Type 1 (Destruction and Damage, etc.) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) (Aggravated Punishment) and Non-Aggravated Punishment (Aggravated Punishment) (Aggravated Punishment).

(c) The scope of final sentence due to the aggravation of multiple offenses: one month to one year and three months; and

2. Specific reasons for sentencing are that the accused can have been convicted of violence.

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