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(영문) 부산지방법원 2015.09.17 2015고단517
사기등
Text

A defendant shall be punished by imprisonment for six 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

1. The Defendant, around 01:00 on December 28, 2014, ever 01: (a) took place in the Enonos bank operated by the victim D in Busan-gu, Busan-gu, as if he/she would pay the drinking value along with one driver; (b) ordered 2 soldiers in the Anos bank; and (c) allowed two guests to sit in the room and drink alcohol.

However, in fact, the Defendant received 300,000 won from the victim, even though there was no credit card or cash available for settlement at the time, and there was no intention or ability to pay the price.

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

2. On December 28, 2014, the Defendant engaged in obstruction of performance of official duties: (a) while entering the instant singing room around 03:25, when he received a report of the said singing room business; and (b) when he stated that G was not in the toilet because he did not pay the drinking value to the Defendant, G would be “I am in the toilet,” he would be “I am in the toilet,” and he would be “I am. I am. I am to am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. I am. am. I am. I am. I am. I am. I am. am. I am. I am. I am. I will am. I am to am. I am. I am on the left left eye of G

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and G;

1. Application of the receipt statute

1. Articles 347 (1) and 136 (1) of the Criminal Act applicable to the facts constituting an offense;

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

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

1. Second crimes (Fraud) with the reasons for sentencing of Article 62-2 of the Criminal Act of probation and community service order, which have no basic area (6 to 1 year and 4 months) of the first category of obstruction of performance of official duties (in the case of coercion of official duties), (6 to 1 year and 4 months) (the scope of recommendations) [the scope of recommendations] of the second category of general fraud (in the case of punishment of less than KRW 100 million) (one month to 1 year).

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