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(영문) 광주지방법원 2015.04.09 2015고단194
사기
Text

In regard to the crime Nos. 1 through 10 of the crime sight table in the judgment of the defendant, 4 months of imprisonment, and 11.

Reasons

Punishment of the crime

On July 12, 2011, the defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., in the Gwangju District Court Support on July 12, 201, and three years of suspension of execution for

7. 20. A final and conclusive date.

On February 2, 2011, the Defendant made a false statement to the victim X, the president of the above main place of business, “to pay the drinking value later” and “to receive money from another person” in the W entertainment tavern located in Seo-gu, Seo-gu, Gwangju.

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

As above, the Defendant, by deceiving the victim, received an amount of three million won or more from the victim, and received an alcoholic beverage and the share in the same manner from around that time to August 2014, as shown in the attached Table of Crimes, by the same method, acquired the victim with an amount of 30,850,000 won and the share in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution against X;

1. Investigation report (to attach data submitted to the victim X, to specify the amount of damage);

1. Previous records: The application of the Act and subordinate statutes to refer to inquiries, such as criminal records, amounts of dispositions, and results of confirmation;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the Act on the Punishment of Violences, etc. in which a judgment has become final and conclusive and the crime of violation of the Act on the Punishment of Violences, etc. in which a judgment has become final and the crime of fraud No. 1 through 10

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

1. There is a lot of reasons for sentencing under Article 62(1) of the Criminal Act (as to each crime listed in the table of crime Nos. 1 through 10). There are unfavorable circumstances such as the fact that the amount of profit acquired by deception reaches 30,850,000 won, and the damage recovery to the victim is not made, the defendant is against himself, and there is a fact that the defendant has paid some ex officio values.

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