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(영문) 대구지방법원 2015.09.17 2015고단3904
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 24, 2015, the Defendant was sentenced to a suspended sentence of six months for fraud at the Daegu District Court for the same year.

5.2. The above judgment becomes final and conclusive and is still in the suspension of execution.

On May 2, 2015, at around 01:00, the Defendant: (a) 'AF' point of the "AF of the Victim AE operation on the first floor of Daegu-gu AD AD underground; (b) took place as if he would pay the employee the alcohol value and service fee; (c) ordered the employee to provide the entertainment service loan; and (d) ordered the employee to provide the entertainment service.

However, at the time of fact, the defendant did not have the intention or ability to pay the drinking value and service fees even if he received the alcohol and received the service of the entertainment loan.

As above, the Defendant: (a) by deceiving the victim; (b) received two soldiers from the victim; and (c) did not pay a total of KRW 400,000,000,000,000 won, even after being provided two entertainment entertainment loans; and (d) obtained pecuniary benefits equivalent to the said amount

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement Acts and subordinate statutes to the AE;

1. The criminal defendant is detained in the same type of fraud, which is subject to the pertinent Article of the Criminal Act, Article 347(1) of the Criminal Act, the reason for sentencing choice of imprisonment, and the criminal defendant committed the crime of this case at the time when one month has passed since he/she was released after being placed prior to the suspension of execution. The criminal defendant is sentenced to punishment in consideration of the fact that the defendant cannot be seen as having been opened as above, and that the damage was not recovered

However, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances, including the fact that the defendant was dissatisfying and against the missatisfying, the amount of damage is not so significant, the motive, background, means and methods of the crime in this case, the circumstances before and after the crime in this case, and the age, character, behavior, career, and environment of the defendant as shown in the arguments in this case.

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