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(영문) 대구지방법원 서부지원 2015.11.26 2015고단1435
사기
Text

A defendant shall be punished by imprisonment for six 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

On May 20, 2015, the Defendant issued an order for alcoholic beverages and alcoholic beverages equivalent to KRW 500,000,000 at the market price of the two weeks, including three illnesss, at the 'D' main points operated by the victim C, which was located in Daegu-gu Office B.

However, the Defendant did not have cash in possession at the time, and the Defendant did not have any other income or property in the state where he was liable for a cost of about 10 million won, and the Defendant did not have any intention or ability to pay the price even if he was provided with alcoholic beverages, etc. from the victim, such as entering the wrong resident registration number.

Nevertheless, the defendant, by deceiving the victim and being provided with 500,000 won or less at the market price from the victim, that is, he had the same month.

5. 26. The victim was provided with 200,000 won or less at the market price as above.

Accordingly, the defendant deceivings the victim two times in total and received the property of the victim from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Application of the Acts and subordinate statutes governing receipts and writing notes;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In light of the fact that Defendant for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act was punished by a large number of crimes due to the same kind of crime, and, in particular, Defendant committed each of the instant crimes only three times in 2015, the same offense is very heavy.

However, it appears that the defendant led to the confession of the crime and reflect his depth, and the amount of damage to the crime of this case is relatively small, and the defendant is the same as the defendant.

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