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(영문) 수원지방법원 평택지원 2014.12.19 2014고단1714

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 28, 2014, the Defendant was sentenced to imprisonment with prison labor for six months in the Suwon District Court for fraud, and the judgment became final and conclusive on December 6, 2014.

around 02:00 on November 6, 2014, the Defendant, at the main point of “D” in the victim C’s operation in Pyeongtaek-si B, acted as if he did not have an intent or ability to pay the price even if he orders alcoholic beverages, etc., and deceiving the victim, and thereby, he was provided alcoholic beverages and safes amounting to KRW 205,00 from the victim, and used a entertainment loan service, etc., but did not pay KRW 150,000, the Defendant acquired property benefits equivalent to the same amount.

Accordingly, the defendant, by deceiving the victim, acquired the property or acquired the pecuniary profit equivalent to the sum of 355,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A written request for charges;

1. On-site photographs;

1. Previous records of judgment: Criminal records, etc. inquiry reports, investigation reports (Review of the latter part of Article 37 of the Criminal Act), and application of Acts and subordinate statutes of judgment;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39(1) of the Exempted Criminal Act (the latter part of Article 39(1) of the Exempted Criminal Act, including the fact that the defendant is led to confession and against the defendant, the amount of fraud is the small amount and the agreement is reached smoothly with the victim, and even if the crime in this case and the judgment in this case were judged simultaneously with the crime in fraud