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(영문) 서울북부지방법원 2015.10.15 2015고단1422 (1)
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A around August 2014, around 2014, came to know D through the Internet Nenebro B B.

1. On February 5, 2015, the Defendant, in collusion with D on February 5, 2015, committed as if he would pay the alcohol value at the main point of “G” in the operation of Nowon-gu’s 1st underground victim F of Seoul Special Metropolitan City, Nowon-gu, the Defendant ordered the victim to provide alcohol and alcohol.

However, there was no intention or ability to pay the drinking value, etc. properly because there was no money possessed even though the person was provided with alcohol, salutism, etc.

The Defendant and D, as such, deceiving the victim as such, obtained the same amount of financial benefits by being provided with the three branches of the two weeks equivalent to KRW 1,045,00 from the victim and acquiring the same amount of financial benefits.

2. On March 17, 2015, the Defendant, in collusion with D on March 17, 2015, committed an act as if he would pay the drinking value at the “J” entertainment drinking house operated by the victim I in Gangnam-gu Seoul, Gangnam-gu, Seoul, and ordered K to the head of the above main business office.

However, there was no intention or ability to pay the drinking value, etc. properly because there was no money possessed even though the person was provided with alcohol, salutism, etc.

The Defendant and D, as such, deceiving the victim and obtained the pecuniary benefits equivalent to the amount of 670,000 won from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Application of Acts and subordinate statutes to police statements made to F and K;

1. Article 347 (1) and Article 30 of the Criminal Act, the choice of imprisonment with prison labor, as to the facts constituting the crime;

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 of the community service order;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] general fraud types 1 (less than 100 million won) and the basic area (not less than 6 months of imprisonment or 1 year and 6 months) (no special person).

3. The oral value obtained by the defendant who has rendered a decision of sentence shall be the same;

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