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(영문) 부산지방법원 2019.01.30 2018고단5438
사기등
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 December 2017, 2017, the Defendant was issued a 206 (Initial Dong-dong) square in the Busan East-gu Busan East-gu, 2017, to the victim B (the 48-year-old age) that “I have no place to sleep, I would like to see the victim as “I have no money,” but the victim refused to “I have no money,” and as I would like to see the victim by drinking, I would like to threaten the victim, and as I would like to see, “I would like to Y, I would like to die, I would like to die, I would like to die, and again going to the Busan East-gu, I would like to go to the prison before now.” The Defendant was issued 50,000 won at the same place by the victim who was frighted.

Accordingly, the defendant was given property by threatening the victim.

2. On May 1, 2018, at around 01:00, the Defendant was provided with alcohol and alcohol equivalent to KRW 218,000 at the market price of the victim, even if the Defendant did not have money and did not intend or have the intent or ability to pay the price even if he did not have money. However, the Defendant did not pay the price to the victim E, who is an employee. The Defendant ordered the alcohol and alcohol, and was provided with alcohol and alcohol equivalent to KRW 218,00 at the market price.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E and B;

1. Relevant Article 350(1) of the Criminal Act, Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act, the choice of imprisonment for a crime

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

1. Article 62 (1) of the Criminal Act;

1. Where the reason for sentencing in Article 62-2 of the Criminal Act of the Probation Order is the mitigated range of crimes No. 1 (Fraud) [the scope of recommending punishment] in the mitigated range (one month to one year), in the mitigated range (one month to one year), in a case where special mitigation is not granted, or in the case where considerable damage has been recovered, in the mitigated range (the scope of recommending punishment] in the mitigated range (one month to eight months) in the mitigated range (one month) (one million to one month) in the mitigated range (one million to one), or considerable damage has been recovered.

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