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(영문) 수원지방법원 안산지원 2016.11.29 2016고단3068

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that 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

[2016 Highest 3068] On August 20, 2016, the Defendant: (a) performed as if he would pay the drinking value in the studio No. 4 “E” operated by the victim D in Silung-si, C; (b) ordered alcohol and alcohol and requested to do so.

However, at the time of fact, the defendant was in possession of only 18,00 won, and there was no intention or ability to pay the alcohol, the cost of know-how, and the cost of service for know-how.

As such, the Defendant, by deceiving the victim, received from the victim the same amount of KRW 80,00,000 from the victim, one per share of the amount equivalent to KRW 13,30,000, and did not pay room use fee of KRW 90,00, and service fee of KRW 105,00,00, and acquired property benefits equivalent to that of the same amount.

Accordingly, the defendant received property or acquired property benefits equivalent to a total of 305,000 won from the victim.

[2016 Highest 4050] On May 12, 2016, the Defendant ordered the alcohol according to the “H” operated by the victim G (V, 24 years old) with F3 floors at the time of the Gyeonggi City Ethical 20:30 on May 12, 2016.

However, the defendant did not have the intention or ability to pay the price.

The defendant was provided with an alcoholic beverage equivalent to 120,000 won on the job by the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

[2016 Highest 3068]

1. Defendant's legal statement;

1. Statement made by the police with D (2016 highest 4050);

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

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

1. Although the reason for sentencing under Article 62(1) of the Criminal Act is recognized as having not reached an agreement with the victims until now, the Defendant’s confession of the instant crime, the amount of damage of the instant case is not very significant, and the Defendant was detained in the detention house for at least four months due to the instant crime.