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(영문) 부산지방법원 2018.09.18 2018고단926 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 926] On March 5, 2018, the Defendant, at around 22:30 on March 5, 2018, provided that the Defendant had no intent or ability to pay the price at the singing points in the operation of the victim D, located in the Busan East-gu, Busan, would make it possible to pay the price as if he would have paid the price, and by deceiving the victim, he/she had the victim by deceiving him/her, and then he/she acquired property profits equivalent to the above amount with the sum of KRW 2.30,00 won, including KRW 150,000,000,000, and KRW 10,000,000, from the victim.

[2018 Highest 1923] On August 6, 2017, the Defendant, at around 17:00, received entertainment points in the “G”’s operation of the victim F, which was located in Busan coastal District E, as if he did not have the intent or ability to pay the price even if he was provided with alcohol and alcohol, he did not pay the price to the victim the total amount of KRW 5,40,000,000 of the market price, such as 2 sick and Domina, and 3 Domina, and did not pay the price to the victim.

Summary of Evidence

[2018 Highest 926]

1. Statement by the defendant in court;

1. Statement made by the police with regard to D (2018 Highest 1923);

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of the recommended sentence] General Frauds of Type 1 (less than KRW 100 million) [the decision of sentence] agreement with the victim D, the fact that there is no record of criminal punishment exceeding the fine, and that there is no record of criminal punishment exceeding the fine, and the fact that one’s mistake is against his/her own mistake, etc.

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