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Reasons
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(영문) 부산지방법원 2013.06.05 2012고단9295
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 1, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for habitual fraud, etc. at the Busan District Court, and the execution of the sentence was terminated on September 17, 2011.

On September 3, 2012, the Defendant: (a) around 04:30 on September 3, 2012, at the main point of “S” operated by the Victim R in Q Q Q of Busan, the Defendant appears to have paid the drinking value even though he did not have any intent or ability to pay the drinking value, etc.; (b) ordered the Victim to provide an alcoholic beverage to the Victim; and (c) was issued from the Victim, i.e., e., 124,00 won at the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness R;

1. Summary receipt;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and report on results of confirmation, etc., and Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of the recommended sentence according to the sentencing guidelines for each category 1 (less than KRW 100 million) basic area [Offset of the same repeated crime as that of a victim who is not subject to punishment (the victim who attends as a witness wishes to take the victim's preference during his/her testimony)]: Six months to one year and six months;

2. Determination of sentence - 6 months of imprisonment - the denial of defraudion - However, the favorable circumstances that fully recognize other evidence in the testimony of the witness R - the victim's failure to punish the victim, the elderly - unfavorable circumstances: the victim's age and behavior, health conditions, home environment, motive, means, results, and other various sentencing conditions specified in the records of this case, including the circumstances after the crime, shall be considered.

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