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(영문) 의정부지방법원 2015.08.26 2015고단866
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

At around 13:40 on February 23, 2015, the Defendant, even though there was no intent or ability to pay the food value in Kuri-si B, obtained the above food by deceptioning the victim D with an order of 1 disease equivalent to the sum of 37,00 won in the market price, 2,00,00,000,000 won in the market price, 2,00,000,000,000,000 won in the market price, and did not pay the price.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes on a food price receipt;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, the choice of punishment, and imprisonment;

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation] General Fraud (less than KRW 100,000) and the range of comparative sentence with recommended sentences that have no basic area (6 to 16 months) (6 to 1 year): Imprisonment with prison labor for six months and one year and six months (decision of a sentence]; imprisonment for four months; imprisonment with prison labor for a similar type of fine not subject to a suspended sentence; imprisonment for a similar offense (4 times for the preceding five years); imprisonment with prison labor for four months; imprisonment with prison labor for a similar type of fine not subject to a suspended sentence; imprisonment with prison labor for one year; imprisonment with prison labor for a victim; imprisonment with prison labor

The defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, and other factors such as sentencing prescribed in each subparagraph of Article 51 of the Criminal Act are considered. It is so decided as per Disposition for the above reasons.

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