logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2013.05.23 2013고단850
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 20, 2012, the Defendant was sentenced to four months of imprisonment for fraud at the Seoul Eastern District Court and completed the execution of the sentence in Seongdong-gu District Court.

On March 3, 2013, the Defendant: (a) around 23:00, at Eju week operated by the victim D located in Gangdong-gu Seoul Metropolitan Government, the Defendant, despite having no intent or ability to pay the price properly even if he was provided with alcohol and alcohol from the victim, sent an attitude that seems to pay the price to the victim; and (b) ordered alcohol and alcohol.

The Defendant, as such, by deceiving the victim, was provided with a total of KRW 585,00,00, such as the two main weeks and the two main weeks, by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of each police suspect against F and G;

1. Statement of D police statement;

1. A H statement;

1. Business registration certificate and receipt;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The Defendant alleged to the effect that, at the time of committing the instant crime, the Defendant was in a state of mental or physical disability or mental disability due to the recidivism, mental fissionation, and exploitation at the time of committing the instant crime. However, in light of the circumstances before and after the instant crime, the circumstances leading to the instant crime, and the Defendant’s behavior, etc. acknowledged by the evidence, the Defendant did not have the ability to discern things at the time of committing the instant crime.

It cannot be seen that the defendant did not appear to be in a state or weak, and further, considering the defendant's power, ordinary drinking behavior, and drinking circumstances at the time of the instant case, it is judged that the defendant sufficiently predicted the occurrence of danger and led to the instant crime in the state of drinking. Therefore, the above assertion is rejected

The reason for sentencing [limited to imprisonment] [Determination of imprisonment] shall be less than KRW 100 million by general fraud.

arrow