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(영문) 창원지방법원 마산지원 2014.01.29 2013고단794

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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

around 22:30 on September 12, 2013, the Defendant ordered beer, etc. to the victim as if he did not have the intent or ability to pay the alcohol value even if he did so, and was provided with an amount equivalent to 4.20,000 won in total, including 2,40,000 won for beer and 1.80,000 won for service fees from the victim.

around 21:30 on October 14, 2013, the Defendant, “2013 Highest922,” was provided with alcohol and alcohol equivalent to KRW 320,00,00,00,00 from the victim’s G management of the victim’s G in Chang-si, Changwon-si, Seoul. In fact, even if he/she was provided with alcohol, alcohol, etc., if he/she had no intent or ability to pay the amount, he/she could deceiving the victim as if he/she would have paid the amount.

Summary of Evidence

"2013 Highest 794"

1. Defendant's legal statement;

1. The protocol of statement by the police about D 2013 Highest 922;

1. Defendant's legal statement;

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

1. Relevant legal provisions concerning criminal facts: Article 347 (1) of the Criminal Act;

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

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Probation: Article 62-2 of the Criminal Act;