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(영문) 대전지방법원 홍성지원 2017.08.23 2017고단414
사기등
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

The defendant is in the office of the defendant of "2017 Senior 414", and the victim B is a person who works from "C" amusement stations to office, and the defendant is a guest who is a victim of "the victim's work."

Although the Defendant did not have the intent or ability to pay the drinking value, from March 25, 2017 to around 00:00 on the same day, the Defendant, from around 00:00 to around 04:00 on the same day, received orders from the victim to be provided with 30 bottle (280,000 won), service charges of 135,000 won, and 415,000 won for alcoholic beverages, etc., and obtained them by deception.

On March 30, 2017, the Defendant: (a) intruded with the entrance that was not corrected by “F” in Boan-si, Boan-si on March 30, 2017; and (b) stolen the victim G’s plastic paper containing approximately KRW 20,000, which was put up to the table table adjacent to the coffee machine.

Summary of Evidence

"2017 Highest 414"

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Domestic investigation reports and simplified receipts "2017 Highest 415";

1. Statement by the defendant in court;

1. G statements;

1. Application of internal investigation reports and field photographs-related Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act, Article 347(1) of the Criminal Act (the point of fraud), Article 329 of the Criminal Act, and the choice of imprisonment for a crime;

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. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The fact that the crime of this case is being committed, the victims did not want the punishment of the defendant, and there is a record of being punished several times for the same crime.

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