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(영문) 대구지방법원 2014.09.12 2014고정852

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On March 20, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Daegu District Court on March 20, 201, and appealed, and was sentenced to dismissal of an appeal by the same court on June 20, 2014, and the judgment became final and conclusive on June 28, 2014.

On August 14, 2013, at around 20:30, the Defendant made a false statement as if he would pay the drinking value while ordering the two bottles within the “D cafeteria operated by the victim C in Daegu-gu, Daegu-gu, and as if he would pay the drinking value.

However, there was no intention or ability to pay the said value from the beginning because the Defendant did not have money.

The Defendant received from the victim the 6,000 Korean market price of 6,00 won.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous convictions: Application of respective Acts and subordinate statutes;

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

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

1. The latter part of Article 39(1) of the Criminal Act exempted from punishment (the crime of this case and the crime for which judgment has become final and conclusive simultaneously with the previous offense shall be considered equity in case of concurrent judgment);