(영문) 부산지방법원 서부지원 2018.11.14 2018고단2033

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(영문) 부산지방법원 서부지원 2018.11.14 2018고단2033

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On October 2, 2018, the Defendant, around 03:20 on October 2, 2018, sentenced the victim to alcohol, etc. at the main point of the victim D operation in Busan Northern-gu, as if the victim would pay the alcohol value to the victim.

However, the defendant did not have any intention or ability to pay the drinking value due to the absence of cash or credit card in calculating the drinking value.

As above, the Defendant: (a) by deceiving the victim; and (b) provided the victim with the total sum of KRW 200,000,000, such as beer 1,000, from her seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of an on-site photograph and invoice of fraud damage;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Type 1 (less than KRW 100,00) basic area (from June to June) of the sentencing criteria (no special sentencing person exists) of the scope of the recommended punishment on the sentencing criteria; and

2. In addition, considering the favorable circumstances, such as the fact that the Defendant, who was sentenced to punishment several times for the crime without prison labor, committed again the crime of this case even though he was sentenced to punishment twice, the Defendant committed the crime of this case without prison labor, and the fact that the Defendant did not agree with the victim, and recognized the crime of this case, and that the Defendant committed the crime without prison labor in this case once, and that the amount of the damage was 20,000 won, the favorable circumstances such as the fact that the crime of this case was committed with without prison labor, and the amount of the damage was also 20,000 won, the punishment shall be determined as per the disposition

참조조문

-형법 제62조 제1항

-형법 제62조의2

-형법 제347조 제1항

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