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(영문) 창원지방법원진주지원 2020.09.23 2020고단683
사기
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

The Defendant, by deceiving the victims, acquired property and property benefits as follows.

1. On November 5, 2019, the Defendant: (a) around 22:25, the Defendant did not pay KRW 60,000 of the drinking value by deceiving the victim as if he did not have the intent or ability to pay the drinking value in “D dan” operated by the Victim C located in Sacheon-si; (b) as he did not pay the drinking value in the “D dan” operated by the Victim C; and (c) did not pay

2. On November 6, 2019, around 00:55, the Defendant: (a) had no intent or ability to pay the drinking value in “G” operated by the Victim F in Sacheon-si E; (b) had been provided with 30,000 won per 15,00 won and 30,000 won per hour at the market price by deceiving the victim; and (c) did not pay the drinking value of KRW 190,000 for two hours.

3. On November 20, 2019, the Defendant, even though having no intention or ability to pay the drinking value in the “J” operated by the victim I located at H and II in Sacheon-si on November 20, 2019, the Defendant, by deceiving the victim, did not receive 10,000 won per 10,000 won per 10,000 won and 30,000 won per 10,000 won of the market price by deceiving the victim, and did not pay 160,000 won of the drinking value for two hours.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, I, and C;

1. Application of Acts and subordinate statutes to the table of accounts, receipts, and reporting cases;

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of general fraud according to the sentencing criteria (type 1) and the reduction area of less than 100 million won, one month to one year in imprisonment;

2. Crimes of the same kind as the sentence is rendered, which have been punished several times;

However, the victims shall not be punished by mutual consent with the victims.

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