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(영문) 수원지방법원 안산지원 2019.05.15 2018고단3642
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 1, 2018, the Defendant: (a) around 14:00, at the “D” restaurant located on the 1st floor of the members of Ansan-si, the Defendant: (b) was provided with food equivalent to approximately KRW 25,000 in the market price of the victim, i.e., the victim’s blurbed B and the 25,000,000, inasmuch as he did not have the intent or ability to pay the food value; and (c) was able to pay the price

2. On September 30, 2018, the Defendant against the victim E was provided approximately KRW 29,000 with food equivalent to the market price of approximately KRW 29,00,00, such as the victim’s 11:00 on the “G” restaurant located in F 2 stories, Ansan-si, the members of Ansan-si, the Defendant: (a) was active as if he did not have the intent or ability to pay the food value; and (b) was ordered for food to the victim; and (c) was provided with food to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Summary statement of E preparation;

1. Application of the Acts and subordinate statutes on account statements, case-related photographs and field photographs;

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

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Reduction elements of less than KRW 100,00 (special-purposes) (type 1) of fraud according to the sentencing guidelines: In a case where a person commits a deceptive act by willful negligence, or the degree of deceptive act is weak (the recommended field and the scope of recommendations), reduction area, and one month to one year;

2. The punishment shall be determined as ordered in consideration of various sentencing conditions, such as the defendant's age, character and conduct, environment, family relationship, motive and result of the crime, etc., where there are several times of records of being sentenced to a fine for the same kind of crime, the fact that there is no criminal record exceeding the fine, the amount of damage is not significant, and the amount of damage is not significant

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