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(영문) 대구지방법원 2013.04.12 2012고단8726
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Criminal facts

1. On July 3, 2012, the Defendant did not pay the price in the E entertainment tavern operated by the victim D, the victim D, who was in the Guri-si City, even if he received orders with an order to pay the price a total of KRW 350,000 in the market price as he would have paid the price, and in the same way, the same month.

5. The owner of goods, etc. whose market price is equivalent to KRW 1,100,000, and the owner of goods, etc. whose market price is equivalent to KRW 550,000 on the 10th of the same month has not been paid the price.

The Defendant, as such, by deceiving the victim three times in the same manner, was provided by the victim with a total amount of KRW 2,00,000,000, etc.

2. A thief: (a) around 07:0 on July 7, 201, when the victim G kept fishery products, etc. at HAF at the Namyang-si, Namyang-si; (b) the Defendant: (c) committed theft with freezing 270,530,000, a total market price of KRW 10,530,000, which is the victim’s possession; (d) carried out freezing 270, freezing 25, freezing 25, freezing 45, freezing 10, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Each police statement concerning G and D;

1. Application of the receipt statute

1. Relevant Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act (Fraud) and Article 329 of the Criminal Act and choice of imprisonment with prison labor for the crime;

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

1. Scope of recommending sentencing guidelines based on the reasons for sentencing under Article 62 (1) of the Criminal Act;

(a) Class I crime: Fraud, general fraud, amounting to less than 100 million won, area of mitigation, imprisonment for one month to one year; and

(b) Second offense: thief, theft for general property, general larceny, mitigation area, imprisonment for not more than 4 months to 10 months; and

C. The result of multiple crimes (1/2 of the upper limit of crimes No. 2): Imprisonment with prison labor for 4 months to 1 year: the Defendant again committed the instant crime even though he/she had the record of punishment for the same crime of fraud, but the mistake is divided and reflected.

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