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(영문) 서울동부지방법원 2016.12.22 2016고단3771

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Justice] On August 23, 2016, the Defendant was sentenced to four months of imprisonment for a crime of fraud in the Gyeyang Branch of the Suwon District Court on August 23, 2016 and completed the execution of the sentence on October 19, 2016.

【Criminal Facts】

1. The Defendant did not have an intention or ability to pay the price even if he/she orders food in a restaurant because he/she did not have any income due to the absence of a certain occupation, and there was no particular asset.

Nevertheless, at around 20:00 on November 1, 2016, the Defendant sent the same attitude that the victim D, operated by Gangdong-gu Seoul Metropolitan Government, should pay the victim a normal price to the victim, and ordered 1ma and 2 illness.

Ultimately, the Defendant, by deceiving the victim as above, received 24,00 won in sum from the victim, i.e., the victim, who was provided 24,00 won in tin, and 2 soldiers in son.

2. On October 25, 2016, at around 17:40 on October 25, 2016, the Defendant placed an order to pay food costs to the victim H H heading stores operated by the Dongjak-gu Seoul Metropolitan Government F and the first floor of the victim G, with no intent or ability to pay the cost of food, but without any intent or ability to pay the cost of food to the victim, and as if he/she would pay the cost of the work, he/she received an order from the victim to alcohol and finite equivalent to the total amount of KRW 21,00 in the market price.

Summary of Evidence

【Criminal Power】

1. A statement on criminal records, etc. (A) (2016 highestest 4018 evidence list 6);

1. Police suspect interrogation protocol against the accused (2016 senior group 4018 evidence Nos. 4) / [2016 senior group 3771]

1. Defendant's legal statement;

1. Written statements of D;

1. A receipt [2016 Highest 4018]

1. Defendant's legal statement;

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

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The range of recommendations on the sentencing criteria: Imprisonment with prison labor for a period from one year to two years, and the types of general fraud (less than 100 million won) shall be set forth in the first category; and