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(영문) 부산지방법원 동부지원 2013.08.13 2013고단1748
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 22, 2012, the Defendant was sentenced to six months of imprisonment for fraud in Busan District Court’s Dong Branch Branch, and completed the execution of the said sentence on March 31, 2013.

1. At around 03:00 on May 29, 2013, the Defendant received orders from the victim D to pay the amount of the amount in question even if the victim D was provided with alcohol, alcohol, etc. from the victim, and received orders from the victim as if he did not have the intent or ability to pay the amount, the Defendant would normally pay the amount.

2. Around 02:00 on June 4, 2013, the Defendant issued an order of the Victim G in the Busan Jian-gu, Busan, ordering the Victim G to pay the price in a normal manner even if the Victim G was provided with alcohol, alcohol, etc. from the Victim, and received an order of the Victim as if the Defendant would normally pay the price, and would have paid the price in an amount equivalent to KRW 275,00 at the market price.

3. On June 5, 2013, around 23:30, the Defendant: (a) issued an order for each of the following: (b) on the part of the victim J on the first underground floor located in the Busan Shipping Daegu I, to L, who is an employee of the said main shop, without any intent or ability to pay the price; (c) on the other hand, the Defendant was ordered to pay the price to L, who is an employee of the said main shop, one disease of 50,000 won in the market price.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement about D, G, or L;

1. Previous records: Criminal records and other inquiries; the number and confinement status of each individual; the application of statutes of the judgment rendered by Busan District Court Decision No. 2012 High Court Decision No. 3380;

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. Article 35 of the Criminal Act among repeated crimes;

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

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