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(영문) 서울북부지방법원 2015.09.10 2015고단1422
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On August 2014, the Defendant became aware of C through the Internet NAB B B B, “B.”

1. At around 03:20 on February 5, 2015, the Defendant, in collusion with C, committed as if he would pay the alcohol value at the F’s main point of the “F’s operation of the first floor victim E, Nowon-gu, Seoul Special Metropolitan City, the Defendant ordered the victim to provide alcohol and alcohol.

However, there was no intention or ability to pay the drinking value, etc. properly because there was no money possessed even though the person was provided with alcohol, salutism, etc.

The Defendants deceptioned the victims as such, and obtained the pecuniary benefits equivalent to the same amount by being provided with the three branches of the two weeks equivalent to KRW 1,045,00 from the victims.

2. At around 03:30 on March 17, 2015, the Defendant, in collusion with C, committed as if he would pay the drinking value in the “I” entertainment drinking club operation of the victim H located in Gangnam-gu Seoul Metropolitan Government, and ordered the head of the said main business office to provide alcohol and alcohol.

However, there was no intention or ability to pay the drinking value, etc. properly because there was no money possessed even though the person was provided with alcohol, salutism, etc.

The Defendants deceptioned the victim as such and obtained the pecuniary benefits equivalent to the same amount by being provided with the three main owners of 670,000 won and three main owners of 670,000.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol regarding C;

1. Application of each police protocol to E and J

1. Article 347 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime concerned;

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. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

1. The scope of punishment by law: Imprisonment for one month to 15 years; and

2. The scope of recommendations on the sentencing criteria [the scope of recommendations] general fraud (the amount of less than 100 million won) and the mitigated area (one month to one year of imprisonment) (special mitigation).

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