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(영문) 수원지방법원 성남지원 2017.06.14 2017고단445
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

On February 17, 2017, the Defendant entered “singing room” operated by the victim C in Sungnam-si A, which had been revised by Sungnam-si, and ordered both of them as if they would pay the victim a proper drinking value.

However, there was no intention or ability to pay the drinking value due to the lack of money.

As such, the Defendant, by deceiving the victim, was provided with 220,000 won, to the injured party at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s statement;

1. Application of the receipt statute

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act / [the scope of recommendation] The reason for sentencing under Article 62-2 of the Social Service Order Act / [the scope of recommendation] the basic area (6 months to 100 million won) (6 months to 1 year and 6 months) / [the person who is subject to special sentencing] / majority of the criminal records of the same type of crime, but it is very poor that the crime is committed in the second offense of this case.

However, in consideration of the fact that the amount of damage is a relatively small amount, the fact that there is a mistake and repent, etc., the execution of imprisonment shall be suspended on the condition that protection observation and social service work shall be performed in good faith only at once, and the sentence shall be determined as per the order.

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