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(영문) 대구지방법원 2016.07.14 2016고단1154
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 09, 2015, the Defendant, “2016 Height 1154,” presented a BC card with no balance to the victim E (36 years old) who is the head of the guest room team, while making a payment for accommodation expenses at the time of retirement, even though he/she did not have any intent or ability to pay accommodation expenses.

A false statement was made.

Defendant deceiving the victim as above and allocated 1202 guest rooms from the injured party, and received mix once and acquired a total of 384,400 won in the market price.

2. On December 10, 2015, the Defendant, “2016 Highest 2099,” presented a G hotel located in Daejeon Dong-gu, Daejeon, Daejeon on December 10, 2015, with a view to or ability to pay accommodation expenses, the fact, despite the absence of an intent or ability to pay accommodation expenses, presented his NAOK card as if he would pay accommodation expenses to H, who is an employee of the place, will pay 8,000 won for retirement expenses.

“The purpose was to make a false statement.”

As above, the Defendant: (a) by deceiving H and receiving the key from H to the said hotel No. 807; and (b) did not pay accommodation costs of KRW 88,00; and (c) obtained pecuniary benefits equivalent to the said amount by failing to pay accommodation costs of KRW 88,00.

Summary of Evidence

"2016 Highest 1154"

1. Statement by the defendant in court;

1. E statements;

1. A criminal investigation report (specific suspect) 2016 Highest 2099;

1. Statement by the defendant in court;

1. A H statement;

1. Application of Acts and subordinate statutes to a customer registration card, a 112 reported case processing slip, and a CCTV closure;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act for observation of protection;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the basic area (from June to one year and six months) (no person who is subject to special sentencing];

2. Consideration - Consideration - Considerations that take into account: A reflectivity and the amount of damage that are not significantly high: the same kind of conditions that are disadvantageous.

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