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(영문) 서울중앙지방법원 2014.11.04 2014고단879
사기
Text

A defendant shall be punished by imprisonment for four 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

Around 21:00 on January 10, 2014, the Defendant was provided with alcohol and alcohol equivalent to KRW 194,000 at the market price, including 20 disease and 1 week, and 194,000 at each of the following dates: (a) around 21:00, the Defendant, despite having been provided with alcohol by the victim D; (b) as if he/she had no intent or ability to pay the price, even if he/she was provided with alcohol from the victim, he/she was provided with alcohol and alcohol equivalent to

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Written statements of D;

1. Application of the receipt statute

1. Article 347 (1) of the Criminal Act applicable to the crimes;

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

1. On the grounds of sentencing in Article 62-2 of the Probation Criminal Act, the sentencing guidelines are applied, and the crimes fall under six months to one year and six months in the basic area among the types of general fraud (less than KRW 100 million). The punishment is determined as ordered in consideration of the following factors: (a) the punishment of a fine is imposed for a single type of crime; (b) there is no record of the same crime above the suspension of execution; (c) there is no record of the same crime above the suspension of execution; (d) there is no risk of damage; (e) the Defendant’s age, character and conduct, environment and conditions after the crime

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