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(영문) 부산지방법원 동부지원 2016.04.06 2015고단1166
사기
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On July 19, 2015, the Defendant: (a) around 05:30 on July 19, 2015, the restaurant called “E” operated by the victim D in Busan Shipping Daegu C; and (b) was ordered by the employees F of the place to pay the food value at a total amount of KRW 15,00,000, such as bones, sea bed, and so on.

However, the defendant did not have the intention or ability to pay the food value.

As above, the Defendant: (a) by deceiving F, who is an employee of the victim, received food from F; and (b) obtained pecuniary benefits equivalent to KRW 15,000 due to the failure to pay the price.

On July 20, 2015, the Defendant: (a) around 00:40 on July 20, 2015, the main point of “I” operated by the Victim H in Busan Jung-gu, Busan; (b) the Defendant acquired financial benefits equivalent to KRW 117,00 on the aggregate of the market price of 117,00 won, including 15,000 won (15,000 won) and 1800 square meters (5,000 won) of Japan’s drinking liquor, as he/she did not pay for the amount of food but did not have any intent and ability to pay the amount of food; and (c) the Defendant acquired financial benefits equivalent to KRW 117,000 on the ground that he/she did not pay the amount of food to his/her employees.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes on the respective statement protocol to F and J;

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

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. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] General Fraud [the grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution] (Article 62(1) of the Act on the Suspension of Execution (Article 62(1) of the Act on the Suspension of Execution] (Article 1(1) of the mitigated area (Article 1-1 of the Act on the Suspension of Execution] / Where punishment is not imposed or considerable damage is recovered [the grounds for suspended execution] - Major Considerations of the same kind (not more than five years, not more than a suspended sentence, or not less than three times): Where positive damage is considerably small or considerable damage is recovered, there

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