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(영문) 부산지방법원 2018.09.12 2018고단3380
사기
Text

A defendant shall be punished by imprisonment for six months.

However, 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 December 20, 2017, the Defendant issued an order for alcohol with the victim’s “E” call No. 1 “E” operated by the victim D located in Busan Young-gu, Busan Metropolitan City, stating that “I would immediately pay the ex officio ex officio payment of the insurance proceeds when I would get out of the insurance proceeds when I would get out of the insurance proceeds.”

However, there was no money that the defendant was not in a situation to receive insurance money at the time, and there was no intention or ability to pay the alcohol value to the victim as agreed.

As such, the Defendant, by deceiving the victim, was provided with 3 sicks and 10 beer with a total sum of 500,000 won from the victim’s seat.

2. On December 21, 2017, the Defendant ordered alcohol to the victim as if he would pay the normal drinking value in the same manner at the same place, and as if he would pay the same time.

However, there was no money that the defendant was not in a situation to receive insurance money at the time, and there was no intention or ability to pay the alcohol value to the victim as agreed.

As such, the Defendant, by deceiving the victim, was provided with three parallel weeks equivalent to the sum of 450,000 won from the victim, in other words, from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of major receipt Acts and subordinate statutes;

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

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. The reason for sentencing under Article 62(1) of the Criminal Act is that the Defendant was sentenced to a fine of seven times for the same kind of crime and that four times among them was committed during the period of two months.

Considering this point, it is desirable to select the imprisonment with prison labor and consider the favorable circumstances that the degree of deception has not been serious, and that the victim has repaid and agreed to pay the damage.

In addition, the sentencing conditions, such as the defendant's age, sex, environment, motive and background of the crime, and circumstances after the crime, are all imposed.

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