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(영문) 부산지방법원 2017.08.09 2017고단2210
사기등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On February 25, 2017, around 00:30 on February 25, 2017, the Defendant took the same attitude that he would normally pay the drinking value to the injured party C Operation D in Busan Dong-gu, Busan, and ordered to be 30,000 won and 30,000 won and 30,000 won to be provided to the injured party.

However, at that time, the defendant did not have the intention or ability to pay the drinking value.

Accordingly, the defendant, by deceiving the victim, acquired financial benefits equivalent to the drinking value.

2. The Defendant interfered with the performance of official duties at the time and at the place of the above 1.12 report, sent to the scene and heard the Defendant’s statement, such as his intention to pay the drinking value, etc., and obstructed the Defendant’s legitimate performance of duties concerning the handling of the reported case by the victimized police officer in consideration of the victim slope F (32 years old)’s face level belonging to the same police box at the same time and at the same time and place of the above 1.12 report.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement with respect to C and F;

1. Application of Acts and subordinate statutes to a criminal investigation report (on-site situations, the upper part, etc.);

1. Article 347 (1) of the Criminal Act (the point of fraud) and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

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

1. The scope of the final sentence due to the aggravation of execution under Article 62(1) of the Criminal Act (i.e., a person against whom a special sentencing is committed) for the reason of sentencing under Article 62(1) of the Act on the Suspension of Execution (i.e., a person against whom a special sentencing is made) that there is no (i.e., June to one year) in the basic area (i., June) (ii) (i.e., one year and six months) [the scope of a recommendation] of crimes under Article 62(1) of the Act on the Suspension of Execution of Public Services [the scope of punishment] [the scope of recommendations] of the basic area (i.e., a person who interferes with the performance of public duties/one year and six months] of the Act on the Suspension of Execution of Public Services: Six months to two years [the decision of sentence]; six months and two years of a suspended execution

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